Pope v D Murphy and Son Ltd: QBD 1961

Both the injured plaintiff’s earning capacity and his expectation of life had been diminished and in assessing damages for the diminution of his earning capacity his Lordship had regard to the plaintiff’s pre-accident expectation of life.
Streatfeild J said: ‘In my view the proper approach to this question of loss of earning capacity is to compensate the plaintiff, who is alive now, for what he has in fact lost. What he has lost is the prospect of earning whatever it was he did earn from his business over the period of time that he might otherwise, apart from the accident, have reasonably expected to earn it.’

Streatfeild J
[1961] 1 QB 222
England and Wales
Citing:
Not FollowedHarris v Brights Asphalt Contractors Ltd QBD 1953
The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would . .

Cited by:
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 06 December 2021; Ref: scu.654045

Nottinghamshire Healthcare National Health Service Trust v News Group Newspapers Ltd: ChD 14 Mar 2002

The claimant sought additional and punitive damages for infringement of copyright by the defendant.
Held: The section of the 1988 Act should not normally justify an award of purely punitive or exemplary damages. The existence of several copyrights in any work might otherwise leave an infringer open to several such claims. Criminal offences had been created for infringement carried out knowingly. Nevertheless for additional damages can be made for cases of carelessness amounting to an attitude of ‘couldn’t care less’: recklessness could also be equated to deliberation.

Pumfrey J
Times 01-Apr-2002, Gazette 23-May-2002, [2002] EWHC 409 (Ch), [2002] EMLR 33
lip
Copyright, Design and Patents Act 1988 97(2)
England and Wales
Cited by:
CitedPhonographic Performance Ltd v Reader ChD 22-Mar-2005
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 06 December 2021; Ref: scu.168116

Caxton Publishing v Sutherland Publishing: HL 1939

The normal measure of damages in conversion is the market value of the goods converted at the date of conversion.
Mere possession is not a conversion. Some act interfering with the true ownrs right must be shown.

Lord Porter
[1939] AC 178, [1938] 4 All ER 389, 108 LJCh 5
England and Wales
Cited by:
CitedHM Revenue and Customs, Regina (on the Application of) v Raymond Machell QC and others Admn 21-Nov-2005
The claimant had had goods taken and destroyed by Revenue and Customs, which had been found to be wrongfully condemned. They had been awarded the market value of the goods at UK prices, though they had been bought in France.
Held: The market . .

Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Updated: 05 December 2021; Ref: scu.235497

Hodgson v Trapp: HL 10 Nov 1988

The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are intended to be ‘purely compensatory’: it cannot be emphasised too often when considering the assessment of damages for negligence that they are intended to be purely compensatory. Where the damages claimed are essentially financial in character, being the measure on the one hand of the injured plaintiff’s consequential loss of earnings, profits or other gains which he would have made if not injured, or on the other hand, of consequential expenses to which he has been and will be put which, if not injured, he would not have needed to incur, the basic rule is that it is the net consequential loss and expense which the court must measure. If, in consequence of the injuries sustained, the plaintiff has enjoyed receipts to which he would not otherwise have been entitled, prima facie, those receipts are to be set against the aggregate of the plaintiff’s losses and expenses in arriving at the measure of his damages.’ The basic rule is that the court must measure the net consequential loss and expense. To the basic rule there are well-established exceptions, although they are not always ‘precisely defined and delineated’. The rule is ‘fundamental and axiomatic and the exceptions to it which are only to be admitted on grounds which clearly justify their treatment as such’ The benevolence exception applies where: ‘moneys [are] received by the plaintiff from the bounty or benevolence of third parties motivated by sympathy for his misfortune.’ and ‘In the end the issue in these cases is not so much one of statutory construction as of public policy. If we have regard to the realities, awards of damages for personal injuries are met from the insurance premiums payable by motorists, employers, occupiers of property, professional men and others. Statutory benefits payable to those in need by reason of impecuniosity or disability are met by the taxpayer. In this context to ask whether the taxpayer, as the ‘benevolent donor,’ intends to benefit ‘the wrongdoer’ as represented by the insurer who meets the claim at the expense of the appropriate class of policy holders, seems to me entirely artificial. There could hardly be a clearer case than that of the attendance allowance payable under the Act of 1975 where the statutory benefit and the special damages claimed for cost of care are designed to meet the identical expenses. To allow double recovery in such a case at the expense of both taxpayers and insurers seems to me incapable of justification on a rational ground. It could only add to the enormous disparity, to which the advocates of a ‘no-fault’ system of compensation constantly draw attention, between the position of those who are able to establish a third party’s fault as the cause of their injury and the position of those who are not.’
and as to the availability of benefits allowances: ‘If, in consequence of the injuries sustained, the plaintiff has enjoyed receipts to which he would not otherwise have been entitled, prima facie, those receipts are to be set against the aggregate of the plaintiff’s losses and expense in arriving at the measure of his damages. . . . I see no reason why the whole of the mobility allowance should not be regarded, just as the attendance allowance, as available to meet the cost of her care generally and thus as mitigating the damages recoverable in respect of the cost of that care.’

Lord Bridge of Harwich
[1989] AC 807, [1988] UKHL 9
Bailii
England and Wales
Citing:
CitedWestwood v Secretary of State for Employment HL 1985
The house considered the benevolence rule: ‘I do not see any analogy at all between the generosity of private subscribers to a fund for the victims of some disaster, who also have claims for damages against a tortfeasor, and the state providing . .

Cited by:
CitedLongden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
CitedDimond v Lovell CA 29-Apr-1999
Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct . .
CitedPirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
CitedIndependent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
CitedClenshaw v Tanner and others CA 27-Nov-2002
The claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that . .
CitedLongden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 05 December 2021; Ref: scu.183222

Irvine, Tidswell Ltd v Talksport Ltd: ChD 13 Mar 2002

The defendants used a distorted image of the claimant, a famous racing driver, to endorse its product. He claimed damages in passing off.
Held: On the facts, the famous racing driver Eddie Irvine had a property right in his goodwill which he could protect from unlicensed appropriation consisting of a false claim or suggestion of endorsement of a third party’s goods or business. Nothing prevented an action for passing off succeeding in a false endorsement case. The claimant had to show significant reputation and goodwill, and that a false message had been delivered which would have been understood by sufficient people to indicate his desire to associate himself with the defendant.
It is not a necessary feature of merchandising that members of the public will think the products are in any sense endorsed by the film makers or actors in the film. They are bought by members of the public who found the film enjoyable and want a reminder of it.
The defendant’s financial position was irrelevant to the measure of damages because there was ‘no question of a reasonable endorsement fee being assessed on the basis that the defendant had no money and therefore could not pay’
Laddie J said: ‘The fact that the claimant, no doubt for tax reasons, makes his endorsement available through companies does not alter the fact that it is his fame and personality which is being exploited and that the misrepresentation made to the relevant public, who would know nothing about his corporate arrangements, is that it is he who had endorsed the defendant’s radio station.’

Laddie J
Gazette 23-May-2002, [2002] EWHC 367 (Ch), [2002] EMLR 32, [2002] 2 All ER 414, (2002) 25(6) IPD 25039, [2002] 1 WLR 2355, [2002] FSR 60
Bailii
England and Wales
Citing:
See AlsoIrvine and Another v Talksport Ltd CA 18-Jan-2002
The claimants renewed their application for permission to appeal from an order granting an application made by the defendant, Talksport Ltd, to exclude certain evidence which the claimants appeared to wish to adduce at the trial of the action. Mr . .

Cited by:
CitedFuture Publishing Ltd v The Edge Interactive Media Inc and Others ChD 13-Jun-2011
The claimant said that the defendant had infriged its rights by the use of its logo on their publications. . .
Appeal fromIrvine and others v Talksport Ltd CA 1-Apr-2003
Mr Irvine brought an action in passing off against the defendants who were said to have used his image in its advertising, but without his consent. The claimant appealed against the damages awarded (andpound;2,000) and the defendant appealed against . .
Cited32Red Plc v WHG (International) Ltd and Others ChD 12-Apr-2013
The court had found trade mark infringement by the defendant and now considered the quantification of damages. . .
CitedFenty and Others v Arcadia Group Brands Ltd and Another CA 22-Jan-2015
. .
CitedBhayani and Another v Taylor Bracewell Llp IPEC 22-Dec-2016
Distinction between reputation and goodwill
The claimant had practised independently as an employment solicitor. For a period, she was a partner with the defendant firm practising under the name ‘Bhayani Bracewell’. Having departed the firm, she now objected to the continued use of her name, . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 05 December 2021; Ref: scu.170107

North Sea Energy Holdings Nv (Formerly Midland and Scottish Holdings Nv) v Petroleum Authority of Thailand: CA 16 Dec 1998

The buyers repudiated an oil purchase agreement and the sellers accepted their repudiation. The sellers could not show that they would have been able to obtain the oil to sell.
Held: They were not entitled to substantial damages.

Lord Justice Roch,
Lord Justice Ward,
Lord Justice Waller
[1999] 1 All ER (Comm) 173, [1999] 1 Lloyds Rep 483, [1998] EWCA Civ 1953
Bailii
England and Wales
Citing:
Appeal fromNorth Sea Energy Holdings NV v Petroleum Authority of Thailand ComC 25-Mar-1997
ComC Damages – repudiation by buyer – need for seller claiming profits by reference to a specific supply contract to establish ability to obtain supply – claim to damages by reference to loss of profit on . .
Approved (Megaw LJ)Maredelanto Compania Naviera SA v BergbauHandel GmbH (The Mihalis Angelos) CA 1-Jul-1970
The parties had agreed a charterparty. The ship was to sail to Haiphong to load a cargo for delivery in Europe. The charterer had a right to cancel if the vessel was not ready on a certain date, but a few days earlier they repudiated the charter. . .
ApprovedLavarack v Woods of Colchester Ltd CA 1967
Damages for wrongful dismissal could not confer on an employee extra benefits that the contract did not oblige the employer to confer. There is a clear distinction between expectations, however reasonable, and contractual obligations.
Diplock . .

Cited by:
CitedGolden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .

Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 05 December 2021; Ref: scu.145432

Harris v Brights Asphalt Contractors Ltd: QBD 1953

The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration in assessing damages for loss of expectation of life, in the sense that a person earning a reasonable livelihood is more likely to have an enjoyable life.’
Slade J held that no compensation could be awarded for earnings during the ‘lost years’ to the plaintiff of thirty-seven whose expectation of life had been reduced to two years: ‘I cannot think it right that I should give damages for loss of earnings for a period during which ex hypothesi he is not alive to earn them . . In my judgment, therefore, the only relevance of earnings which would have been earned after death is that they are an element for consideration in assessing damages for loss of expectation of life, in the sense that a person earning a reasonable
‘ livelihood is more likely to have an enjoyable life.’

Slade J
[1953] 1 QB 617
Law Reform (Personal Injuries) Act 1948 2(4)
England and Wales
Citing:
CitedPhillips v London and South Western Railway
Co
CA 1879
In an action against the railway company for personal injury to a passenger, a physician, making pounds 5,000 a year, and where is an increasing practice, the jury in assessing the damages to their consideration, besides the pain and suffering of . .
CitedRoach v Yates CA 1937
The plaintiff had been gravely injured. His wife and sister-in-law had nursed him and gave up their employment for that purpose.
Held: The plaintiff could recover their lost wages, albeit there was no suggestion of any agreement between the . .

Cited by:
CitedEagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
CitedCunningham v Harrison CA 17-May-1973
The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Not FollowedPope v D Murphy and Son Ltd QBD 1961
Both the injured plaintiff’s earning capacity and his expectation of life had been diminished and in assessing damages for the diminution of his earning capacity his Lordship had regard to the plaintiff’s pre-accident expectation of life.
Personal Injury, Damages

Updated: 04 December 2021; Ref: scu.200631

Econometric Ltd and Others v Greater London Authority: UTLC 22 May 2014

COMPENSATION – Compulsory Purchase – Acquisition of 0.67 acre waste transfer station in connection with the London 2012 Olympic Park development – valuation – rental value – treatment of tenant’s payment on entry into lease – Land Compensation Act 1961 section 5, rule (2) – compensation determined at 1,475,000 pounds

[2014] UKUT 219 (LC)
Bailii
England and Wales

Land, Damages

Updated: 04 December 2021; Ref: scu.526453

Mitsui Sumitomo Insurance Co (Europe) Ltd and Others v Mayor’s Office for Policing and Crime: CA 20 May 2014

The appellant had suffered damage in a riot, and, under the 1886 Act, the respondent was liable to pay compensation.
Held: The MOPC was liable to pay compensation by way of indemnity. Analysis of section 2(1) suggested compensation for loss ‘sustained . . by such injury, stealing, or destruction’. This was loss that was caused by (i) damage to or destruction of a building, or (ii) damage, destruction or stealing of property in the building. Such loss could as a matter of linguistic analysis include consequential losses, such as the loss of rent while an owner repaired his building. Other provisions in the 1886 Act, including the did not counter this view, and case law precedent on earlier legislation suggested that remedial statutes should be given a liberal interpretation. That case law also suggested a principle that the relevant community, which was then the hundred, stood as sureties for the trespassers. There was no reason to think that a rioter would not have been liable in tort for consequential losses before Parliament legislated in 1714. Thus the local authority incurred such liability under statute. The 1886 Act did not depart from what the Court of Appeal described as ‘the fundamental ‘standing as sureties’ principle’.
The court rejected any reliance on the regulations as an aid to the interpretation of the 1886 Act, and also rejected for lack of evidence a submission on behalf of the MOPC that there was a settled practice of interpreting the 1886 Act as excluding compensation for consequential losses.
The court also considered that there was an anomaly if the 1886 Act did not cover consequential loss. An owner of a commercial building which was damaged in a riot might choose to sell it in a damaged state and claim as his compensation the diminution in value caused by the physical damage. Where a building was valued by reference to its capacity to generate income, part of that diminution in value could be attributable to loss of rent or loss of profits that the purchaser would suffer pending the completion of remedial works. By contrast, if an owner decided to repair the building and suffered a loss of rent or a loss of profits while the remedial works were carried out, he could not recover such losses if the 1886 Act did not extend to consequential losses. There was no rational basis for imputing to Parliament an intention to allow recovery for such losses as part of a claim for diminution of value but to exclude a free-standing claim for losses of the same character. Finally, the court derived no assistance from parallel Scottish legislation, namely section 10 of the Riotous Assemblies (Scotland) Act 1822 (3 Geo IV, c 33) because of its use of different language.

Lord Dyson MR, Moore-Bick, Lewison LJJ
[2014] EWCA Civ 682, [2014] 2 All ER (Comm) 785, [2015] 1 QB 180, [2014] WLR(D) 230, [2014] 3 WLR 576, [2014] Lloyd’s Rep IR 612, [2014] 4 All ER 540
Bailii, WLRD
Riot (Damages) Act 1886 3
England and Wales
Citing:
At ComCMitsui Sumitomo Insurance Co (Europe) Ltd and Another v The Mayor’s Office for Policing and Crime ComC 12-Sep-2013
In the lead case, Sony’s warehouse at Enfield had been severely damaged in what were said to be riots in August 2011. The court considered preliminary issues as to whether the events constituted a riot within the 1886 Act, and the extent of damages . .
CitedThe Kate 1899
The Kate was totally lost in a collision with the defendants’ ship, whilst on the ballast leg of a charterparty. The issue was whether in a case of total loss as opposed to partial loss of a ship without a cargo, the plaintiffs could recover only . .

Cited by:
At CAThe Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others SC 20-Apr-2016
The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 03 December 2021; Ref: scu.525636

Worrell v Hootenanny Brixton Ltd: EAT 1 Apr 2014

EAT Contract of Employment : Wrongful Dismissal – UNFAIR DISMISSAL
Compensation
Contributory Fault
As explained at paragraphs 111 and 112 of the judgment in Sandwell and West Birmingham Hospitals NHS Trust v Mrs A Westwood [2009] UKEAT 0032/09/172 gross misconduct might take one of two forms, deliberate misconduct or gross negligence: but that possible alternative does not justify an Employment Tribunal not making any factual finding as to conduct on the basis that it must be one form of gross misconduct if it is not the other, which is how the matter was approached by the Employment Tribunal in the instant case. Such an approach is erroneous.
Moreover it leaves issues relating to possible awards and the reduction of awards by reason of fault on the part of the employee without any proper factual matrix and in terms of a reasoned decision compliant with the common law requirements set out in Meek v Birmingham City Council [1987] IRLR 250 or with the Employment Tribunal Rules (see Greenwood v NWF Retail Ltd [2011] ICR 896) makes it impossible to know either why it is had been concluded that the employee’s conduct was the sole cause of the dismissal (section 123(6) of the Employment Rights Act 1996) or why it was not ‘just and equitable’ for the employee to receive a basic award (section 122(2) of the Employment Rights Act 1996) (paragraphs 32, 36, 62 and 63 of the judgment of this Tribunal in Lemonious v Church Commissioners UKEAT/0253/12/KN considered and applied).
The appeal was allowed on the basis of inadequacy of reasons and remitted to the same Employment Tribunal for findings of fact to be made and for re-consideration of the issues of wrongful dismissal and contributory fault.

Hand QC J
[2014] UKEAT 0381 – 13 – 0104
Bailii
England and Wales

Employment, Damages

Updated: 02 December 2021; Ref: scu.523397

Konczak v BAE Systems (Operations) Ltd: EAT 13 Jan 2014

EAT Sex Discrimination : Other Losses – UNFAIR DISMISSAL – Compensation
DISABILITY DISCRIMINATION – Compensation
The Employment Tribunal had erred by not considering whether the psychiatric illness, which resulted in the loss in this case, had divisible causes and whether, if it did, the award fell to be apportioned. In concluding that there had been a failure to mitigate commencing three years after the date of dismissal the Employment Tribunal had failed to give any comprehensible account as to why that date had been chosen. Both of these matters raised on the Employer’s appeal were remitted for further consideration by the same Employment Tribunal on the evidence already heard and the facts already found.
On the cross-appeal mathematical errors of calculation in the judgment were remitted to the Employment Tribunal for reconsideration, but although the cross-appeal was also allowed in relation to a decision made by the Employment Tribunal wrongly limiting the scope of the cross-examination of the Employer’s psychiatric expert witness, no further order was made because the terms of the remission in relation to the appeal rendered the point academic.

Judge Hand QC
[2014] UKEAT 0277 – 13 – 1301
Bailii
England and Wales

Employment, Damages, Discrimination

Updated: 01 December 2021; Ref: scu.522638

Callaway v Royal Mail Group Ltd and Another: EAT 10 Oct 2013

EAT Disability Discrimination : Compensation – The appeal was only against the amount of awards of compensation for injury to feelings. The Appellant failed to show that the awards were made in error of principle or were perverse. Appeal dismissed.

Burke QC
[2013] UKEAT 0549 – 12 – 1010
Bailii
England and Wales

Employment, Damages

Updated: 01 December 2021; Ref: scu.522342

Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000

Standard Conract – Wide Exclusions, Apply 1977 Act

The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or two of its standard terms and conditions, the remaining conditions were incorporated wholesale into the contract and therefore the contract fell within s3 of the 1977 Act. It was unreasonable to impose the standard terms on Pegler, who had no choice but to accept them. The exclusion of liability clauses relied on by Wang are unenforceable. As to damages, Pegler had failed to keep records of the time taken to deal with the issues which arose. The court considered in detail and at length the different heads of recovery including for lost management time. Rectification was awarded and damages assessed.

Bowsher QC J
[2000] EWHC Technology 137, 1997 TCC No 219
Bailii
Unfair Contract Terms Act 1977 3
England and Wales
Citing:
CitedSuisse Atlantique Societe d’Armement Maritime SA v NV Rotterdamsche Kolen Centrale HL 1966
No magic in the words “fundamental breach”
There is no rule of law which prevents parties to a contract agreeing to limit their respective liabilities. It is a question of the construction of the particular clause as to whether it applies to a fundamental breach or not. The court doubted the . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedCroudace Construction Limited v Cawoods CA 1978
A clause in a contract provided that: ‘We are not under any circumstances to be liable for any consequential loss or damage caused or arising by reason of late supply or any fault, failure or defect in any material or goods supplied by us or by . .
CitedHadley v Baxendale Exc 23-Feb-1854
Contract Damages; What follows the Breach Naturaly
The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying . .
CitedThe Glendarroch CA 9-Feb-1894
The plaintiffs brought an action against the defendants for non-delivery of goods shipped under a bill of lading containing the usual exceptions, but not excepting negligence. The goods had been damaged by sea water through the stranding of the . .
CitedMillar’s Machinery Co Ltd v David Way and Son CA 1935
The contract provided that the seller would make good certain defects in workmanship, but the sellers stated: ‘We do not give any other guarantee and we do not accept responsibility for consequential damages.’
Held: The purchaser recovered the . .
CitedBritish Sugar Plc v NEI Power Projects Limited and Anr CA 8-Oct-1997
The plaintiffs contracted for the delivery and installation of equipment by the defendant. After delays and defects the claimants sought damages. The defendants said that the contract provided that any liabiity for consequential losses was to be . .
CitedWraight Limited v PH and T (Holdings) Limited 1968
. .
CitedSaint Line Limited v Richardsons Westgarth and Co. 1940
A clause excluding liability for ‘any indirect or consequential damages or claims whatsoever’. A claim was made for for loss of profit.
Held: ‘What does one mean by ‘direct damage’? Direct damage is that which flows naturally from the breach . .
CitedVictoria Laundry (Windsor) Ltd v Newman Industries CA 1949
The plaintiffs claimed for loss of the profits from their laundry business because of late delivery of a boiler.
Held: The Court did not regard ‘loss of profits from the laundry business’ as a single type of loss. They distinguished losses . .
CitedMidland GW Railway of Ireland v Johnson 1858
Rectification is not available where the mistake is one of law as to the legal effect of particular terms, rather than a mistake of fact. . .
CitedBritish Fermentation Products Limited v Compair Reavell Limited TCC 8-Jun-1999
The terms ”on the other’s written standard terms of business’ in the Act was not defined in the Act after a deliberate decision by the Law Commission. . .
CitedThe Ypatia Halcoussi 1985
Rectification is not available where the written agreement fails to deal with an issue because the parties have overlooked it. . .
CitedJohnson v Agnew HL 1979
The seller had obtained a summary order for specific performance of a contract for the sale of land against the buyer.
Held: The breach was continuing and was still capable of being remedied by compliance with the order for specific . .
CitedFrederick E Rose (London) Limited v William H Pim Junior and Co Limited 1953
The plaintiffs, who were London merchants, had been asked by Egyptian buyers to supply ‘feveroles’. Not knowing what this term meant, they asked the defendants’ representative, who responded that ‘feveroles’ meant horsebeans. Relying on this . .
CitedMcCrone v Boots Farm Sales Limited 1981
The court considered the meaning of ‘standard form contract’ as it applied in Scotland under the 1977 Act: ‘The Act does not define ‘standard form contract’, but its meaning is not difficult to comprehend. In some cases there may be difficulty . .
CitedJoscelyne v Nissen CA 1970
A father entered into a written contract with his daughter by which he transferred to her his car hire business in return for her agreement to pay him a pension and discharge certain expenses. In their discussions it had been agreed between them . .
CitedStewart Gill Ltd v Horatio Myer and Co Ltd CA 1992
The ‘guidelines’ in Schedule 2 are usually regarded as of general application to the question of reasonableness under the 1977 Act. The effect of s13 which deals with exemption clauses, is to apply s3 inter alia to ‘no set off’ clauses. The . .
CitedCustomglass Boats Limited v Salthouse Brothers Limited 1976
(New Zealand) The court examined the question of whether market resarch was admissible as expert evidence as to damages.
Held: ‘So far as I can see, public opinion or survey evidence is not now in practice treated as hearsay in trade mark or . .
CitedReckitt and Coleman Properties Ltd v Borden Inc 1987
Evidence as to the results of market research surveys was not admissible as expert evidence. . .
CitedRobinson v Harman 18-Jan-1848
Damages for breach of contract should compensate the victim of the breach for the loss of his contractual bargain. Baron Parke said: ‘The next question is: What damages is the plaintiff entitled to recover? The rule of the common law is, that where . .
CitedDarlington Borough Council v Wiltshier Northern Ltd and Others CA 29-Jun-1994
The council owned land on which it wanted to build a recreational centre. Construction contracts were entered into not by the council but by a finance company, the building contractors being the respondents Wiltshier Northern Ltd. The finance . .
CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
CitedHarbutt’s Plasticine Ltd v Wayne Tank and Pump Co Ltd CA 1970
The plaintiffs’ factory in an old mill, burned down because Wayne Tank had installed a pipeline made of unsuitable and dangerous plastic material and wrapped in heating tape attached to a useless thermostat. It had been switched on and the plant . .
CitedEast Ham Corporation v Bernard Sunley and Sons Ltd HL 1965
In cases in which the plaintiff is seeking damages for the defective performance of a building contract, which is a contract for labour and materials, the normal measure of his damages is the cost of carrying out remedial work, or re-instatement. . .
CitedGeneral Electric Co v General Electric Co Ltd ChD 1969
A form of co-branding was held to be non-deceptive. Grahame J said: ‘The registered use provisions are permissive only and not a compulsory prerequisite for retention of validity of the mark and that, provided the conditions of control are adequate, . .
CitedC R Taylor (Wholesale) Ltd v Hepworths Ltd 1977
May J referred with approval to a statement in McGregor On Damages (13th edn, 1972) paras 1059-1061 that in deciding between diminution in value and cost of reinstatement the appropriate test was the reasonableness of the plaintiffs desire to . .
CitedGeneral Electric Co v General Electric Co Limited; GE TM; Re GE Trade Mark CA 1970
. .
CitedVictoria Laundry (Windsor) Ltd v Newman Industries CA 1949
The plaintiffs claimed for loss of the profits from their laundry business because of late delivery of a boiler.
Held: The Court did not regard ‘loss of profits from the laundry business’ as a single type of loss. They distinguished losses . .
CitedSealce Shipping Company Limited v Oceanvoice Limited CA 1991
The parties contracted for the sale of a ship, including a spare propeller. When the ship was delivered there was no spare propeller. It was common ground that there was no market for second-hand propellers. So the only way of providing a spare . .
CitedSkandia Property (Uk) Limited Vala Properties Bv v Thames Water Utilities Limited 1997
The burden of proof in establishing betterment to reduce a damages award is on the defendant. . .
CitedOswald v Countrywide Surveyors Ltd 1996
The evidential burden of establishing betterment is on the defendant. . .
CitedH Cousins and Co Ltd v D and C Carriers 1971
. .
CitedMoore v DER Ltd 1971
Where there is no ready second hand market for goods, or where there might be uncertainty as to the reliability of such goods, no credit need be given for the fact that a new and up-to-date replacement has been purchased. . .
CitedBacon v Cooper (Metals) Ltd 1982
A machine, a fragmentiser was broken. The defendant had supplied unsuitable scrap to be fed into the machine in breach of contract. The rotor had broken which would normally have had a life of 7 years of which it had nearly four years to run. The . .
CitedTate and Lyle Food Distribution Ltd v Greater London Council 1981
Forbes J considered the principles to be applied when considering the award of interest on damages between the date of the loss and the judgment: ‘Despite the way in which Lord Herschell LC in London, Chatham and Dover Railway Co v South Eastern . .
CitedDominion Mosaics Limited v Trafalgar Trucking Co Limited CA 1990
The claimant’s building was destroyed by fire as a result of the defendant’s negligence. It was impracticable to rebuild and so, to keep its business going the claimant bought a 36 year lease of another building with 20% more floor space. In the . .
CitedMetal Box Co Ltd v Curreys 1988
. .
CitedEmpresso Cubana v Octainer 1986
. .

Cited by:
Appeal fromPegler Ltd v Wang (Uk) Ltd and Another CA 18-Jun-2001
Costs had been awarded against the third party, the parent company of the defendant. Leave to appeal was sought.
Held: It was arguable that the judge had not taken into account properly the interest of the company in protecting the interests . .

Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 01 December 2021; Ref: scu.201800

Reid v Lanarkshire Traction Co: SCS 1934

(Inner House) The shortening of life was accepted as a head of damage: ‘while the doctrine of an award in respect of the shortening of life may have originated in the theory of mental disquiet about the prospect or the possibility of death . . . that doctrine is now a matter positivi juris irrespective of the presence or absence of evidence as to the sufferer’s state of mind in the particular case’. But, Lord Devlin said, he should warn the jury that the weight to be given to this element must be moderate and they must not consider what price the man would have put upon his life.

Lord Blackburn Lord Devlin
1934 SC 79
Scotland
Cited by:
CitedBenham v Gambling HL 1941
The injured person was a child of two and a half. He was unconscious from the moment of the accident until his death, which occurred later on the same day. He had acquired at the time of injury a cause of action for loss of expectation of life.
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.654041

Phillips v London and South Western Railway Co: CA 1879

In an action against the railway company for personal injury to a passenger, a physician, making pounds 5,000 a year, and where is an increasing practice, the jury in assessing the damages to their consideration, besides the pain and suffering of the plaintiff, and the expense incurred by him for medical and other and necessary attendance, the loss he sustained through his inability to continue a lucrative professional practice.
James LJ said: ‘You are to consider what his income would probably have been, how long that income would probably have lasted, and you have to take into consideration all the other contingencies to which a practice is liable.’
A new trial will be granted in an action for personal injuries sustained through the defendant’s negligence by the damages found by the jury are so small as to show that they must have omitted to take into consideration some of the elements of damage. The verdicts of juries as to the amount of damages, are subject, and must, for the sake of justice, be subject to the supervision of a court of first instance, and, if necessary by a court of Appeal in this way, that is to say, if in the judgement of the court, the damages are unreasonably large or unreasonably small then the court is bound to send the matter for reconsideration by another jury.

James LJ
(1879) 5 CPD 280, [1874-80] All ER Rep 1176, (1879) 49 LJQB 233, (1879) 42 LT 6, (1879) 44 JP 217
England and Wales
Cited by:
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
CitedHarris v Brights Asphalt Contractors Ltd QBD 1953
The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would . .
CitedRoach v Yates CA 1937
The plaintiff had been gravely injured. His wife and sister-in-law had nursed him and gave up their employment for that purpose.
Held: The plaintiff could recover their lost wages, albeit there was no suggestion of any agreement between the . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 30 November 2021; Ref: scu.654044

Cookson v Knowles: CA 1977

Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that time inflation did not stare us in the face. We had not in mind continuing inflation and its effect on awards. It is obvious now that that guide-line should be changed.
The courts invariably assess the lump sum on the ‘scale’ for figures current at the date of trial – which is much higher than the figure current at the date of the injury or at the date of the writ. The plaintiff thus stands to gain by the delay in bringing the case to trial.
He ought not to gain still more by having interest from the date of service of the writ.’

Lord Denning MR
[1977] 3 WLR 279
England and Wales
Citing:
CitedJefford v Gee CA 4-Mar-1970
The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then . .

Cited by:
Appeal fromCookson v Knowles HL 24-May-1978
The House described the approach to the calculation of damages for a dependency under the Fatal Accidents Acts.
Held: The multipliers in Fatal Accidents Act cases should be calculated from the date of death.
Sections 3 and 4 mark a . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.654046

Roach v Yates: CA 1937

The plaintiff had been gravely injured. His wife and sister-in-law had nursed him and gave up their employment for that purpose.
Held: The plaintiff could recover their lost wages, albeit there was no suggestion of any agreement between the plaintiff and the two ladies that he would reimburse them.
Greer LJ said: ‘He can get those services, and perhaps get them better than in any other way, from the attendance which is being given to him by his wife and his sister-in-law; but he would naturally feel that he ought to compensate them for what they have lost by giving up the work at which they were earning the sum of pounds 3 a week. I think that Mr Beyfus was right in saying that we must take into account, at any rate for the period during which the plaintiff may now be expected to live, the sum of pounds 3 a week as the minimum expense which the plaintiff would have to incur in retaining the nursing services of his wife and his sister-in-law.’
Slesser LJ said: ‘Criticism has been made of the suggestion that one method of estimating his loss [of wages] is to consider what he would have earned during his life. Speaking for myself, I see no justification for approaching that problem by starting with the assumption that he would only have lived so long as the accident has now allowed him to live. I think the proper way of approaching the problem is that which was followed in Phillips v. London and South Western Railway Co. (1879)5 QBD 78, the leading case on this matter – namely, first to consider what sum he would have been likely to make during his normal life if he had not met with his accident.’

Paull J, Greer LJ, Slesser LJ
[1937] 3 All ER 442, [1938] 1 KB 256
England and Wales
Citing:
CitedPhillips v London and South Western Railway
Co
CA 1879
In an action against the railway company for personal injury to a passenger, a physician, making pounds 5,000 a year, and where is an increasing practice, the jury in assessing the damages to their consideration, besides the pain and suffering of . .

Cited by:
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
CitedHarris v Brights Asphalt Contractors Ltd QBD 1953
The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.654042

Flint v Lovell: CA 1934

The Court considered the conditions for it to interfere with an assessment of damages at first instance.
Greer LJ said: ‘I think it right to say that this Court will be disinclined to reverse the finding of a trial judge as to the amount of damages merely because they think that if they had tried the case in the first instance they would have given a lesser sum. In order to justify reversing the trial judge on the question of the amount of damages it will generally be necessary that this Court should be convinced either that the judge acted upon some wrong principle of law, or that the amount awarded was so extremely high or so very small as to make it, in the judgment of this Court, an entirely erroneous estimate of the damage to which the plaintiff is entitled.’

Greer LJ
[1935] 1 KB 354, 51 TLR 127, (1934) 152 LT 231, [1934] All ER 200, (1934) 104 LJKB 199
England and Wales
Cited by:
ApprovedRose v Ford HL 1937
Damages might be recovered for a loss of expectation of life. A claim for loss of expectation of life survived under the Act of 1934, and was not a claim for damages based on the death of a person and so barred at common law.
Lord Wright . .

Lists of cited by and citing cases may be incomplete.

Damages, Litigation Practice

Updated: 30 November 2021; Ref: scu.654040

In re Steamship “Prinz Adalber” Hamburg-Amerika Line v Her Majesty’s Procurator Genera and similar: PC 4 Feb 1918

[1918] UKPC 9
Bailii
England and Wales
Citing:
See AlsoAdmiralty Commissioners v Steamship Amerika (Owners), The Amerika PC 13-Aug-1917
The Admiralty sought to recover as an item of loss the pensions payable to the widows of sailors killed in an accident to a submarine: . .

Lists of cited by and citing cases may be incomplete.

Transport, Damages

Updated: 30 November 2021; Ref: scu.423388

Wise v Kaye: CA 1 Dec 1961

Sellers LJ, Upjohn LJ, Diplock LJ
[1961] EWCA Civ 2, [1962] 1 QB 638, [1962] 1 All ER 257, [1962] 2 WLR 96
Bailii
England and Wales
Cited by:
CitedShephard v H West and Son Ltd HL 27-May-1963
The House looked at how personal injury damages shoud be set in cases of severe injury.
Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.262816

Rose v Ford: HL 1937

Damages might be recovered for a loss of expectation of life. A claim for loss of expectation of life survived under the Act of 1934, and was not a claim for damages based on the death of a person and so barred at common law.
Lord Wright explained the object of the 1934 Act: ‘The purpose . . was to abolish in a special and particular way the rule preventing the prosecution of a claim in tort for personal injuries where the person who would otherwise be plaintiff or defendant in an action has died. The rule was expressed in the maxim ‘actio personalis moritur cum persona”.

Lord Wright
[1937] AC 826, [1937] 3 All ER 359
Law Reform (Miscellaneous Provisions) Act 1934 1
England and Wales
Citing:
ApprovedFlint v Lovell CA 1934
The Court considered the conditions for it to interfere with an assessment of damages at first instance.
Greer LJ said: ‘I think it right to say that this Court will be disinclined to reverse the finding of a trial judge as to the amount of . .

Cited by:
CitedDerrick v Williams CA 1939
The plaintiff had accepted a payment into court on a basis that a Court of Appeal decision declared the law in a form which precluded the recovery of certain types of damages. Subsequently the House of Lords reversed the Court of Appeal decision and . .
CitedAshley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 30 November 2021; Ref: scu.236538

Admiralty Commissioners v Steamship Amerika (Owners), The Amerika: PC 13 Aug 1917

The Admiralty sought to recover as an item of loss the pensions payable to the widows of sailors killed in an accident to a submarine:

Parker, Wrenbury LL
[1916-17] All ER Rep 177, [1917] AC 38, [1917] UKPC 71
Bailii
England and Wales
Citing:
ApprovedBradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .

Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
See AlsoIn re Steamship ‘Prinz Adalber’ Hamburg-Amerika Line v Her Majesty’s Procurator Genera and similar PC 4-Feb-1918
. .
CitedOliver v Ashman CA 1961
The rule that loss of earnings, in the years lost to an injured plaintiff whose life expectancy had been shortened, were not recoverable, was still good law.
Pearce LJ summarised the authorities: ‘The Law Reform Miscellaneous Provisions Act . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Damages, Transport

Updated: 30 November 2021; Ref: scu.237519

Shephard v H West and Son Ltd: HL 27 May 1963

The House looked at how personal injury damages shoud be set in cases of severe injury.
Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no matter what his condition or temperament or state of mind may be’.
And: ‘The court has to perform the difficult and artificial task of converting into monetary damages the physical injury and deprivation and pain and to give judgment for what it considers to be a reasonable sum. It does not look beyond the judgment to the spending of the damages.’
Lord Morris of Borth-y-Gest observed: ‘ . . money cannot renew a physical frame that has been battered and shattered. All the judges and courts can do is to award sums which must be regarded as giving reasonable compensation . . as far as possible comparable injuries should be compensated by comparable awards . . ‘

Lord Reid, Lord Tucker, Lord Morris of Borth-y-Gest, Lord Devlin, Lord Pearce
[1963] UKHL 3, [1963] 2 All ER 625, [1963] 2 WLR 1359, [1964] AC 326
Bailii
England and Wales
Citing:
CitedWise v Kaye CA 1-Dec-1961
. .
CitedBenham v Gambling HL 1941
The injured person was a child of two and a half. He was unconscious from the moment of the accident until his death, which occurred later on the same day. He had acquired at the time of injury a cause of action for loss of expectation of life.
Cited by:
CitedHeil v Rankin, Rees v Mabco (102) Ltd, Schofield v Saunders and Taylor Ltd and Other cases CA 23-Mar-2000
The Law Commission had recommended that the general level of damages awarded for pain suffering and loss of amenity in personal injury cases should be raised. The Court now considered several cases on the issue.
Held: The court would do so. . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.248551

McCann v Sheppard: CA 1973

The injured plaintiff succeeded in his action for damages for personal injury. The defendants appealed the quantum of damage but before the appeal was heard the plaintiff died. The court was now asked to reduce the award because of the death.
Held: Damages for pain and suffering and loss of amenities should be limited to an amount appropriate for the length of time that the injured party survived.
The court also considered what cause of action the widow might have. Lord Denning MR said: ‘It is open to doubt whether the widow here would have any claim under the Fatal Accidents Act. Her husband had sued Mr Sheppard to judgment. Under that Act, the matter must be looked at as at the time of his death. Applying the words of the statute ‘If death had not ensued’, would he himself have been entitled to maintain an action and recover damages for negligence? I do not think so: for the simple reason that he had already recovered judgment and having done that he could not maintain another action for the same cause.’

Lord Denning MR
[1973] 1 WLR 540, [1973] 2 All ER 881
England and Wales
Cited by:
CitedBrown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
CitedReader and others v Molesworths Bright Clegg Solicitors CA 2-Mar-2007
The claimants were children of the victim of a road traffic accident. The solicitors were conducting a claim on his behalf for damages, but when he died, they negligently discontinued the action.
Held: The claimants’ action as dependants of . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.220487

Oliver v Ashman: CA 1961

The rule that loss of earnings, in the years lost to an injured plaintiff whose life expectancy had been shortened, were not recoverable, was still good law.
Pearce LJ summarised the authorities: ‘The Law Reform Miscellaneous Provisions Act 1934 abolished the old rule ‘actio personalis moritur cum persona’ and provided for the survival of causes of action in tort for the benefit of the victim’s estate. The decision of this House in Rose v. Ford [19371 AC 826 that a claim for loss of expectation of life survived under the Act of 1934, and was not a claim for damages based on the death of a person and so barred at common law (cf The Amerika [1917] AC 38). The decision of this House in Benham v. Gamblin [1941] AC 157 that damages for loss of expectation of life could only be given up to a conventional figure, then fixed at pounds 200. The Fatal Accidents Acts under which proceedings may be brought for the benefit of dependants to recover the loss caused to those dependants by the death of the breadwinner. The amount of this loss is related to the probable future earnings which would have been made by the deceased during lost years ‘.
And ‘What is lost is an expectation, not the thing itself’
Willmer LJ said: ‘What has been lost by the person assumed to be dead is the opportunity to enjoy what he would have earned, whether by spending it or saving it. Earnings themselves strike me as being of no significance without reference to the way in which they are used. To inquire what would have been the value to a person in the position of this plaintiff of any earnings which he might have made after the date when ex hypothesi he will be dead strikes me as a hopeless
‘ task ‘

Pearce LJ, Willmer LJ
[1961] 3 WLR 669, [1961] 3 All ER 323, [1962] 2 QB 210
Law Reform Miscellaneous Provisions Act 1934
England and Wales
Citing:
CitedAdmiralty Commissioners v Steamship Amerika (Owners), The Amerika PC 13-Aug-1917
The Admiralty sought to recover as an item of loss the pensions payable to the widows of sailors killed in an accident to a submarine: . .

Cited by:
OverruledPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Not FollowedSkelton v Collins 7-Mar-1966
(High Court of Australia) Damages – Personal Injuries – Loss of earning capacity – Loss of expectation of life – Loss of amenities during reduced life span – Pain and suffering – Plaintiff rendered permanently unconscious by injuries – Basis of . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 30 November 2021; Ref: scu.199759

Eagle (By Her Litigation Friend) v Chambers: CA 29 Jul 2004

The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to brokers for the advice given to the Court of Protection which would be administering the investment of her award.
Held: section 17 forbade deduction of the mobility benefit the claimant might receive. The court had taken a severe view of the delay of the prosecution of the case and had properly imposed a penalty.

Lord Justice Waller Lord Justice Buxton Lord Justice Scott Baker
[2004] EWCA Civ 1033, Times 30-Aug-2004
Bailii
Social Security (Recovery of Benefits) Act 1997 17, Law Reform (Personal Injuries) Act 1948
England and Wales
Citing:
See alsoEagle v Chambers CA 24-Jul-2003
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was . .
CitedWisely v John Fulton Plumbers Ltd (Scotland) and Wadey v Surrey County Council HL 6-Apr-2000
A plaintiff in a personal injury action, was entitled to claim, and be paid, interest on his award for compensation for lost earnings, even though some part of it was to be paid direct to the Department of Social Security by way of recovery of . .
CitedDews v National Coal Board HL 1988
The plaintiff miner sought damages for an injury suffered at work.
Held: An employee who had been injured at work could not recover unpaid pension contributions, which had no effect on his pension entitlement, as part of his loss of pay while . .
CitedSowden v Lodge QBD 25-Mar-2003
. .
CitedHarris v Brights Asphalt Contractors Ltd QBD 1953
The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would . .
CitedCunningham v Harrison CA 17-May-1973
The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay . .
CitedFrancis v Bostock 8-Nov-1985
The court considered the question of whether the court should award the additional costs of receiving investment advice to deal with an award of damages: ‘The award I make is compensatory. The whole object of the exercise upon which I have embarked . .
CitedAnderson v Davis QBD 1993
The court referred to the judgment in Francis -v- Bostock: ‘That judgment of Russell J., as he then was, has been followed in other cases and it is with some trepidation that I decided not to follow it here, for the following reasons. First, in a . .
CitedPage v Plymouth Hospital NHS Trust QBD 2004
The court heard as a preliminary point the question whether a claimant who was not a patient and subject to the Court of Protection should be entitled to claim the fees that he or she would incur on investment advice on receipt of the damages, and . .
CitedWells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care.
Held: The appeals succeeded. . .
CitedJefford v Gee CA 4-Mar-1970
The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then . .
CitedBirkitt v Hayes 1982
Where a case takes a long time to come on for trial because there has been unjustifiable delay by the plaintiff, he has been kept out of his money by his own default for part of the period. It is a ‘special reason’ for not giving some of the . .
CitedSpittle v Bunney CA 1988
The plaintiff made a claim in damages for the loss of her mother’s services.
Held: In assessing a FAA claim on behalf of a child a judge, directing himself as he would a jury, was, in valuing the mothers services to take into account the . .
CitedBarry v Ablerex Construction (Midlands) Ltd QBD 22-Mar-2000
After a delay of delay 5 years, the judge deducted two years interest from the award to reflect the plaintiff’s delay. . .
CitedBarry v Ablerex Construction (Midlands) Ltd CA 30-Mar-2001
It was appropriate to reduce the interest discount rate used to calculate damages awards in personal injury cases for future losses, from 3 per cent to 2 per cent. This reflected the general reduction in such interest rates since the Act came into . .
CitedCorbett v Barking Havering and Brentwood Health Authority CA 1991
The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of . .
CitedAllen v Sir Alfred McAlpine and Sons Ltd CA 1968
The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were . .

Cited by:
See alsoEagle v Chambers CA 24-Jul-2003
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.199739

Skelton v Collins: 7 Mar 1966

(High Court of Australia) Damages – Personal Injuries – Loss of earning capacity – Loss of expectation of life – Loss of amenities during reduced life span – Pain and suffering – Plaintiff rendered permanently unconscious by injuries – Basis of assessment.
Precedent – Decisions of House of Lords – Applicability – High Court – Other Australian courts.
Windeyer J said: ‘The next rule that, as I see the matter, flows from the principle of compensation is that anything having a money value which the plaintiff has lost should be made good in money. This applies to that element in damages for personal injuries which is commonly called ‘loss of earnings ‘. The destruction or diminution of a man’s capacity to earn money can be made good in money. It can be measured by having regard to the money that he might have been able to earn had the capacity not been destroyed or diminished. . what is to be compensated for is the destruction or diminution of something having a monetary equivalent . . I cannot see that damages that flow from the destruction or diminution of his capacity (to earn money) are any the less when the period during which the capacity might have been exercised is curtailed because the tort cut short his expected span of life. We should not, I think, follow the English decisions in which in assessing the loss of earnings the ‘lost years’ are not taken into account.’

Kitto, Taylor, Menzies, Windeyer and Owen JJ
(1966) 115 CLR 94, [1966] HCA 14
Austlii
Australia
Citing:
Not FollowedOliver v Ashman CA 1961
The rule that loss of earnings, in the years lost to an injured plaintiff whose life expectancy had been shortened, were not recoverable, was still good law.
Pearce LJ summarised the authorities: ‘The Law Reform Miscellaneous Provisions Act . .

Cited by:
FollowedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Commonwealth, Damages, Constitutional

Updated: 30 November 2021; Ref: scu.199760

Jefford v Gee: CA 4 Mar 1970

The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then the courts had power to award interest during the period of delay between the time the money was legally and ascertainably due and the time when the court ordered that it should be paid.
The court established the principles for awarding interest on damages awards in personal injuries cases: ‘Therefore if I could see my way to do so, I should certainly be disposed to give the appellants, or anybody in a similar position, interest upon the amount withheld from the time of action brought at all events.’ and ‘It should only be awarded to a plaintiff for being kept out of money which ought to have been paid to him’ and ‘We applied this principle very recently in Harbutt’s ‘Plasticine’ Ltd . . . where we all agreed in saying: ‘the basis of an award of interest is that the defendant has kept the plaintiff out of his money; and the defendant has had the use of it himself. So he ought to compensate the plaintiff accordingly’.’ The court used published short term interest rates. The half rate approach was used because interest was not large enough to warrant minute attention to detail. The half rate was a reasonable approximation. In relation to benefits, the plaintiff (whilst he received no interest on the moiety for which he gave credit against damages) did not have to give credit in the interest calculation in respect of his windfall receipt of the other moiety of benefits paid.

Lord Denning MR
[1970] 2 QB 130, [1970] EWCA Civ 8, [1970] 1 All ER 1202, [1970] 1 Lloyd’s Rep 107, [1970] 2 WLR 702
Bailii
Scotland
Citing:
CitedLondon, Chatham and Dover Railway Co v South Eastern Railway Co HL 1893
The Lord Chancellor was considering the position of a creditor whose debtor refused to exchange accounts as agreed, thus preventing the creditor from quantifying the debt.
Held: The House declined to alter the rule in Page -v- Newman.
Cited by:
CitedLesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
CitedSpittle v Bunney CA 1988
The plaintiff made a claim in damages for the loss of her mother’s services.
Held: In assessing a FAA claim on behalf of a child a judge, directing himself as he would a jury, was, in valuing the mothers services to take into account the . .
CitedEagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
CitedAdcock v Co-Operative Insurance Society Ltd CA 26-Apr-2000
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim.
Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate . .
CitedKnight v Axa Assurances QBD 24-Jul-2009
knight_axaQBD2009
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . .
CitedDexter v Courtaulds Ltd CA 1984
The plaintiff had been injured at work, and awarded damages, including for loss of wages. The parties disputed the method of calculation of interest on the damages.
Held: To avoid the laborious detailed calaculations of interest from day to . .
CitedCookson v Knowles CA 1977
Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Damages, Scotland, Personal Injury

Updated: 30 November 2021; Ref: scu.185179

Cunningham v Harrison: CA 17 May 1973

The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay his full salary for a long time, and then paid an annual grant ex gratia and promised to do so for life.
Held: The plaintiff could recover the costs of private medical care despite the availability of free assistance on the NHS. The employer’s ex gratia payments were not to be taken to reduce the damages.

Lord Denning MR, Orr, Lawton LJJ
[1973] QB 942
Law Reform (Personal Injuries) Act 1948 2(4)
England and Wales
Citing:
AppliedBradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
CitedHarris v Brights Asphalt Contractors Ltd QBD 1953
The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would . .
ConsideredGeorge v Pinnock CA 1973
The court awarded pounds 19,000 for general damages for pain and suffering and loss of amenity for severe disablement. . .
CitedHaggar v de Placido 1972
andpound;13,500.00 was awarded for pain and suffering and loss of amenities for a case involving severe disablement. . .
CitedMitchell v Mulholland (No. 2) CA 1972
The plaintiff was severely injured, and recovered substantial damages. andpound;20,000 for pain and suffering and loss of amenity, and andpound;21,350 for nursing care. The court declined to adjust the award for anticipated inflation: ‘an award of . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
CitedBrowning v War Office CA 1962
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
Cited by:
CitedEagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.200632

Bradburn v Great Western Rail Co: CEC 1874

The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the insurer.
Baron Piggott said: ‘I think that there would be no justice or principle in setting off an amount which the plaintiff has entitled himself to under a contract of insurance, such as any prudent man would make on the principle of, as the expression is, ‘laying by for a rainy day’. He pays the premiums upon a contract which, if he meets with an accident, entitles him to receive a sum of money . . ; and I think that it ought not, upon any principle of justice, to be deducted from the amount of the damages proved to have been sustained by him through the negligence of the defendants.’
Bramwell B said: ‘Clearly there must be no rule. The jury have found that the plaintiff has sustained damages through the defendants’ negligence to the amount of 217l., but it is said that because the plaintiff has received 31l. from the office in which he insured himself against accidents, therefore the damages do not amount to 217l. One is dismayed at this proposition. In Dalby v. India and London Life Assurance Company (4 Bing N.C. 272) it was decided that one who pays premiums for the purpose of insuring himself, pays on the footing that his right to be compensated when the event insured against happens is an equivalent for the premiums be has paid; it is a quid pro quo, larger if he gets it, on the chance that he will never get it at all. That decision is an authority bearing on the present case, for the principle laid down in it applies, and shews that the plaintiff is entitled to retain the benefit which he has paid for in addition to the damages which he recovers on account of the defendants’ negligence.’

Pigott B, Bramwell B
[1874] LR 10 Ex 1, [1874-80] All ER Rep 195, [1874] 44 LJ Ex 9, [1874] 31 LT 464
England and Wales
Citing:
CitedDalby v The India and London Life Assurance Company 1854
An insurance company (Anchor) had taken out insurance with the defendant on the life of the Duke of Cambridge in the sum of pounds 1000 for which it paid a yearly premium during the life of the Duke. Anchor had itself granted policies of insurance . .

Cited by:
CitedPirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
AppliedCunningham v Harrison CA 17-May-1973
The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay . .
CitedLongden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
CitedParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
ApprovedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
ApprovedBritish Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
ApprovedAdmiralty Commissioners v Steamship Amerika (Owners), The Amerika PC 13-Aug-1917
The Admiralty sought to recover as an item of loss the pensions payable to the widows of sailors killed in an accident to a submarine: . .
DistinguishedBrowning v War Office CA 1962
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
CitedBee v Jenson CA 13-Sep-2007
The claimant hired a car whilst his own, damaged by the defendant, was being repaired. His insurer sought to recover the cost from the other driver. The insurer had first arranged te hire with one company, but then another provided a finacial reward . .
CitedGard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another SC 10-May-2017
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel Sau CA 21-Dec-2015
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the . .
CitedGlobalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama SC 28-Jun-2017
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price . .
CitedLowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 30 November 2021; Ref: scu.195740

Chaplin v Hicks: CA 1911

A woman who was wrongly deprived of the chance of being one of the winners in a beauty competition was awarded damages for loss of a chance. The court did not attempt to decide on balance of probability the hypothetical past event of what would have happened if the claimant had been duly notified of her interview. A contract to provide a chance can be enforced, and damages can be given for a failure to fulfil that contract if the chance has some real value. Vaughan Williams LJ said that whilst ‘the presence of all the contingencies on which the gaining of the prize might depend makes the calculation not only difficult but incapable of being carried out with certainty or precision’ damages for the lost opportunity are assessable.

Vaughan Williams LJ
(1911) 27 TLR 244, [1911] 2 KB 786, [1911-13] All ER 224, 80 LJKB 1292
England and Wales
Citing:
CitedCarlill v Carbolic Smoke Ball Co CA 7-Dec-1892
Unilateral Contract Liability
The defendants advertised ‘The Carbolic Smoke Ball,’ in the Pall Mall Gazette, saying ‘pounds 100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by . .

Cited by:
CitedCoudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) CA 27-Feb-2004
The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents.
Held: As to the basis of calculation of damages as to a . .
CitedGregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
CitedBarker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
CitedNestle v National Westminster Bank CA 6-May-1992
The claimant said that the defendant bank as trustee of her late father’s estate had been negligent in its investment of trust assets.
Held: The claimant had failed to establish either a breach of trust or any loss flowing from it, though . .
CitedLes Laboratoires Servier and Another v Apotex Inc and others ChD 9-Oct-2008
The claimant had alleged that the defendant was producing generic drugs which infringed its rights in a new drug. The patentee had given a cross-undertaking in damages, but the patent was later ruled invalid. The court had to assess the damages to . .
CitedParabola Investments Ltd and Others v Browallia Cal Ltd and Others CA 5-May-2010
The second defendant appealed against the level of damages awarded against him after he was found guilty of a fraud on the claimant, saying that the loss of profits element was unproven.
Held: The appeal failed. Where a claimant’s investment . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 30 November 2021; Ref: scu.183113

Worbey and Another v Elliott: SCS 6 Feb 2014

‘the pursuers seek an accounting by the defender of his intromissions with the receipts obtained by him from two social networking applications (‘apps’), and payment of such sum as may be found to be due to them following that accounting. In the alternative, they seek payment of a sum estimated to represent the sum due to them.’

Lord Tyre
[2014] ScotCS CSOH – 19
Bailii

Scotland, Intellectual Property, Damages

Updated: 29 November 2021; Ref: scu.521148

Burntcopper Ltd (T/A Contemporary Design Unit) v International Travel Catering Association Ltd: ComC 6 Feb 2014

Dispute about the meaning of a contract in the exhibition business which the parties have complicated by claims of implied term, collateral contract, rectification, estoppel, waiver, misrepresentation and quantum meruit. The Claimant provided management services to a business which the Defendant sold. The Claimant says that this was a breach of contract and claims damages.

MacKie QC J
[2014] EWHC 148 (Comm)
Bailii
England and Wales

Contract, Damages

Updated: 29 November 2021; Ref: scu.521086

SC Compania Nationala De Transporturi Aeriene Romane Tarom Sa v Jet2Com Litd: CA 6 Feb 2014

Appeals against a judgment (following an earlier judgment by which judgment was given in favour of Jet2.com Ltd for damages for breach of contract. The essential issue is as to the assumptions, if any, that ought to be made for the purposes of assessing Jet2’s damages in respect of Tarom’s repudiation of the relevant contract.

[2014] EWCA Civ 87
Bailii
England and Wales

Damages, Contract

Updated: 29 November 2021; Ref: scu.521050

K B and Others, Regina (on the Application of) v Mental Health Review Tribunal and Another: Admn 13 Feb 2003

The claimants were entitled to damages for their detention as mental patients, where this had been found to be wrongful as an infringement of their human rights. The court considered the appropriate level of damages.
Held: There was no clear guidance in existence on the proper level of damages. An English court should be no lower than would be awarded for a comparable tort, an in line with general awards in this jurisdiction. It was wrong to compare such a detention with wrongful imprisonment since that would often be accompanied by feelings of humiliation and otherwise arising from the deliberately wrongful intention of the act in question. The court should compensate the injured party for his injury. It should not be lower because it was an human rights award. Even for mentally ill claimants not every feeling of distress would give rise to an award.

Mr Justice Stanley Burnton
Times 05-Mar-2003, [2003] EWHC 193 (Admin), Gazette 10-Apr-2003, [2004] QB 936, [2003] 3 WLR 185
Bailii
England and Wales
Cited by:
CitedFaulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .

Lists of cited by and citing cases may be incomplete.

Health, Damages, Human Rights

Updated: 29 November 2021; Ref: scu.179102

Udale v Bloomsbury Area Health Authority: QBD 1983

The plaintiff underwent a sterilisation operation. The operation was painful and she later became pregnant. She sought damages for the pain and suffering and the additional costs of caring for the new child.
Held: Public policy held fast against awarding damages for the birth of a healthy child, and that element of damages was not recoverable.

Jupp J
[1983] 1 WLR 1098, [1983] 3 All ER 522
England and Wales
Cited by:
CitedMacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
DoubtedEmeh v Kensington and Chelsea and Westminster Area Health Authority CA 1-Jul-1984
A sterilisation operation had been performed negligently and failed and the claimant was born.
Held: The birth of a child with congenital abnormalities was a foreseeable consequence of the surgeon’s careless failure to clip a fallopian tube . .

Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 29 November 2021; Ref: scu.181335

Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2): HL 27 Nov 1997

A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. Earlier decisions of the house had settled the liability for damages and the amount to be awarded. This present judgment concerned principally the question of interest.
Held: The section allowed the award of interest for all or any part of the period following the date on which the cause of action arose. That date varied according to whether the action was in contract or in tort. In this case it was the date of the transaction. It was wrong to ante-date the award of interest on costs. In this case it was right to award interest on money ordered to be repaid after earlier orders were overruled.
Lord Nicholls, with the concurrence of the rest of the Appellate Committee, described the two stages of the inquiry. The first stage, where the lender would not have entered into the transaction but for the breach of duty, was to compare the position had he not entered into it with his actual position. This meant comparing the amount of the loan with the value of the real and personal rights obtained. As to the second stage, he said: ‘However, for the reasons spelled out by my noble and learned friend, Lord Hoffmann, in the substantive judgments in this case [1997] AC 191, a defendant valuer is not liable for all the consequences which flow from the lender entering into the transaction. He is not even liable for all the foreseeable consequences. He is not liable for consequences which would have arisen even if the advice had been correct. He is not liable for these because they are the consequences of risks the lender would have taken upon himself if the valuation advice had been sound. As such they are not within the scope of the duty owed to the lender by the valuer.’
Lord Hoffmann again with the concurrence of the rest of the Committee, explained that the true measure of damages was the loss attributable to the information being wrong and: ‘It is of course also the case that the lender cannot recover if he is, on balance, in a better or no worse position than if he had not entered into the transaction at all. He will have suffered no loss. The valuer does not warrant the accuracy of his valuation and the lender cannot therefore complain that he would have made more profit if the valuation had been correct. But in order to establish a cause of action in negligence he must show that his loss is attributable to the overvaluation, that is, that he is worse off than he would have been if it had been correct.’
and . . ‘It is axiomatic that in assessing loss caused by the defendant’s negligence the basic measure is the comparison between (a) what the plaintiff’s position would have been if the defendant had fulfilled his duty of care and (b) the plaintiff’s actual position. Frequently, but not always, the plaintiff would not have entered into the relevant transaction had the defendant fulfilled his duty of care and advised the plaintiff, for instance, of the true value of the property. When this is so, a professional negligence claim calls for a comparison between the plaintiff’s position had he not entered into the transaction in question and his position under the transaction. That is the basic comparison. Thus, typically in the case of a negligent valuation of an intended loan security, the basic comparison called for is between (a) the amount of money lent by the plaintiff, which he would still have had in the absence of the loan transaction, plus interest at a proper rate, and (b) the value of the rights acquired, namely the borrower’s covenant and the true value of the overvalued property.’

Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Hoffmann
Gazette 08-Jan-1998, Times 03-Dec-1997, [1997] 1 WLR 1627, [1997] UKHL 53, [1998] 1 EGLR 99, [1998] 1 ALL ER 305, [1998] PNLR 197, [1998] Lloyd’s Rep Bank 39, [1998] CLC 116, [1998] 1 Costs LR 108
Bailii, House of Lords
Supreme Court Act 1981 35A, Judgments Act 1838 17 18
England and Wales
Citing:
ApprovedForster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .
CitedWardley Australia Ltd v Western Australia 1992
(High Court of Australia) A claim was based on a statutory trade indemnity scheme. The insurers claimed damages from Wardley, on the basis that its alleged deceit induced them to grant an indemnity, which was subsequently called on.
Held: . .
ApprovedD W Moore and Co Ltd v Ferrier CA 1988
The company took in a new director and shareholder, and relied upon their solicitors to draft a covenant to restrain him competing within a set time of leaving the company. The covenant turned out to be ineffective. The defendant solicitors replied . .
CitedUBAF Ltd v European American Banking Corporation CA 1984
The defendant invited the plaintiff to take part in a syndicated loan. The defendant’s assistant secretary signed a letter to the plaintiff making representations, now claimed to be fraudulent. The defendant succeeded at first instance arguing that . .
CitedHunt v R M Douglas (Roofing) Ltd HL 1990
The plaintiff had an order ‘That the Defendants do pay to the Plaintiff his costs of this action . . to be taxed . . failing agreement’ and the House was asked as to the time from when he was entitled to interest.
Held: A litigant who has been . .
DisapprovedKuwait Airways Corporation v Iraqi Airways Corporation (No 2) CA 20-Jan-1994
A successful appeal on a costs award should be backdated to the original order. . .
ApprovedBelgian Grain and Produce Co Ltd v Cox and Co (France) Ltd CA 1919
Although the Court had jurisdiction, ‘it ought to be exercised with great caution, which indicates that there must be something exceptional in the facts to justify the making of the order’. . .
AffirmedSouth Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .

Cited by:
CitedKhan v R M Falvey and Co (a Firm) CA 22-Mar-2002
The claimant sought damages from his former solicitors for failing to act to avoid his case being struck out. The second action was itself delayed, and the defendants asserted that the cause of action occurred not when his claim was actually struck . .
CitedHatton v Messrs Chafes (A Firm) CA 13-Mar-2003
The defendant firm appealed against a refusal to strike out the claimant’s claim for professional negligence, asserting that the judge should have considered the limitation issue in the light of Khan v Falvey.
Held: By the time that the . .
CitedPlatform Home Loans Ltd v Oyston Shipways Ltd and others HL 18-Feb-1999
The plaintiffs had lent about 1 million pounds on the security of property negligently valued at 1.5 million pounds. The property was sold for much less than that and the plaintiffs suffered a loss of 680,000 pounds. The judge found that the . .
CitedThe Law Society v Sephton and Co and others CA 13-Dec-2004
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts.
Held: The liability did not arise until the Society decided to make . .
CitedPolley v Warner Goodman and Streat (A Firm) CA 30-Jun-2003
A cause of action in negligence is complete once the claimant has suffered loss as a result of the negligence, even if the existence of the loss (and indeed of the negligence) is not, and could not be, known to him, and even where that loss is much . .
CitedIqbal v Legal Services Commission CA 10-May-2005
The claimant had been a partner in a firm of solicitors. They came to be suspected by the respondent of overclaiming legal aid payments and sums were withheld. For this and other reasons the practice folded, and the claimant became insolvent. He . .
CitedLaw Society v Sephton and Co (a Firm) and Others HL 10-May-2006
A firm of solicitors had a member involved in a substantial fraud. The defendant firm of accountants certified the firm’s accounts. There were later many calls upon the compensation fund operated by the claimants, who sought recovery in turn from . .
CitedWatkins and Another v Jones Maidment Wilson (A Firm) CA 4-Mar-2008
The claimants alleged professional negligence by the defendant solicitors in advising them to agree to a postponment of a completion. The defendants raised as a preliminary issue the question of limitation. The claimant said that the limitation . .
CitedPegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another ChD 11-Nov-2008
The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred.
CitedPegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another ChD 11-Nov-2008
The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred.
CitedSpencer v Secretary of State for Work and Pensions, Moore v Similar CA 1-Jul-2008
Frankovich claim – arises with measurable loss
Each claimant sought Frankovich damages alleging a failure to implement European law leading to a loss.
Held: Such a claim was available against the government after it had failed to implement the Directive so as to provide them with the . .
CitedBPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
CitedTiuta International Ltd (In Liquidation) v De Villiers Surveyors Ltd SC 29-Nov-2017
Allegation of professional negligence. The claimant sought damages against the defendant surveyors for negligently valuing a partially completed residential development over which it proposed to take a charge to secure a loan. On an initial . .
CitedTiuta International Ltd v De Villiers Surveyors Ltd CA 1-Jul-2016
Appeal against an order giving summary judgment for the respondent, De Villiers Surveyors Ltd, on one issue relating to the claim by the appellant, Tiuta International Ltd, for damages for professional negligence.
Held: The appeal succeeded . .

Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Leading Case

Updated: 29 November 2021; Ref: scu.158928

Gaviria-Manrique v The Secretary of State for The Home Department: Admn 16 Jan 2014

Claim for judicial review seeking declarations that his detention by the defendant for two separate periods during 2008 was unlawful and claims an entitlement to damages for more than a nominal sum.

Judge Sycamore
[2014] EWHC 33 (Admin)
Bailii
England and Wales

Torts – Other, Prisons, Damages

Updated: 28 November 2021; Ref: scu.519790

Flood v Times Newspapers Ltd: QBD 19 Dec 2013

The claimant policeman alleged defamation in an article published by the defendant newspaper. The defendant advanced two substantive defences, a defence of public interest (Reynolds) privilege and justification. After protracted litigation, the claim succeeded, and the court now considered the damages to be awarded.
Held: ‘It is possible to pursue journalism said to be in the public interest and demonstrate consideration for the subject whose reputation may suffer in the event of publication. The need for such consideration is particularly acute given the subject’s lack of redress. Once it is known that there is material which exonerates, in whole or in part the subject of the journalistic investigation, consideration should be shown for the position of the subject by publishing exculpatory material. On the facts of this case no such consideration was demonstrated by TNL’ and: ‘The award of damages, for the period 5 September 2007 to 21 October 2009, to reflect the distress, anxiety and suffering of the claimant, the damage to his reputation and the need for proper vindication is 45,000 pounds. To that figure I have awarded a further andpound;15,000 to represent the aggravation of those damages by reason of the conduct of the defendant and to serve as a deterrent to those who embark upon public interest journalism but thereafter refuse to publish material which in whole, or in part, exculpates the subject of the investigation. Accordingly, the claimant’s award of damages is andpound;60,000.’

Nicola Davies DBE J
[2013] EWHC 4075 (QB)
Bailii
England and Wales
Citing:
At Supreme CourtFlood v Times Newspapers Ltd SC 21-Mar-2012
The defendant had published an article which was defamatory of the claimant police officer, saying that he was under investigation for alleged corruption. The inquiry later cleared him. The court was now asked whether the paper had Reynolds type . .
See AlsoFlood v Times Newspapers Ltd QBD 25-Jul-2013
. .

Cited by:
Appeal fromTimes Newspapers Ltd v Flood CA 4-Dec-2014
The newspaper appealed from the award of costs to the claimant who had succeeded in his claim of defamation. . .
At First InstanceTimes Newspapers Ltd and Others v Flood and Others SC 11-Apr-2017
Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech.
Held: Each of the three appeals was dismissed. . .

Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 28 November 2021; Ref: scu.519770

Coles and Others v Hetherton and Others: CA 20 Dec 2013

The claimants’ insurers disputed arrangements by the defendants’ insurers in motor accident claims which, they said artificially inflated the costs of repairs to the profit of the defendants’ insurers.

Moore-Bick, Aikens, Vos LJJ
[2013] EWCA Civ 1704
Bailii
England and Wales
Citing:
See AlsoColes and Others v Hetherton and Others ComC 22-Sep-2011
Parties challenged the method used by the Royal and Sun Alliance insurance to calculate the cost of repairs to motor vehicles damaged in accidents. After conflicting decisions in County Courts, the issue was brought before the Commercial Court.
Appeal fromColes and Others v Hetherton and Others ComC 15-Jun-2012
. .

Lists of cited by and citing cases may be incomplete.

Damages, Road Traffic

Updated: 28 November 2021; Ref: scu.519317

Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain: ComC 21 May 2014

The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after the full term of the charter. The arbitrator set off that profit against the losses arising on the repudiation. The owners now appealed.
Held: On the facts found by the arbitrator, the application of the principles of law which he had identified did not require the owners to give credit for any benefit in realising the capital value of the vessel in October 2007, by reference to its capital value in November 2009, ‘because it was not a benefit which was legally caused by the breach.’
The search for a single general rule which determines when a wrongdoer obtains credit for a benefit received following his breach of contract or duty is elusive . . Nevertheless a number of principles emerge from the authorities considered above which I would endeavour to summarise as follows: (1) In order for a benefit to be taken into account in reducing the loss recoverable by the innocent party for a breach of contract, it is generally speaking a necessary condition that the benefit is caused by the breach: Bradburn, British Westinghouse, The Elena D’Amico, and other authorities considered above.
(2) The causation test involves taking into account all the circumstances, including the nature and effects of the breach and the nature of the benefit and loss, the manner in which they occurred and any pre-existing, intervening or collateral factors which played a part in their occurrence: The Fanis.
(3) The test is whether the breach has caused the benefit; it is not sufficient if the breach has merely provided the occasion or context for the innocent party to obtain the benefit, or merely triggered his doing so: The Elena D’Amico. Nor is it sufficient merely that the benefit would not have been obtained but for the breach: Bradburn, Lavarack v Woods, Needler v Taber.
(4) In this respect it should make no difference whether the question is approached as one of mitigation of loss, or measure of damage; although they are logically distinct approaches, the factual and legal inquiry and conclusion should be the same: Hussey v Eels.
(5) The fact that a mitigating step, by way of action or inaction, may be a reasonable and sensible business decision with a view to reducing the impact of the breach, does not of itself render it one which is sufficiently caused by the breach. A step taken by the innocent party which is a reasonable response to the breach and designed to reduce losses caused thereby may be triggered by a breach but not legally caused by the breach: The Elena D’Amico.
(6) Whilst a mitigation analysis requires a sufficient causal connection between the breach and the mitigating step, it is not sufficient merely to show in two stages that there is: (a) a causative nexus between breach and mitigating step; and (b) a causative nexus between mitigating step and benefit. The inquiry is also for a direct causative connection between breach and benefit (Palatine), in cases approached by a mitigation analysis no less than in cases adopting a measure of loss approach: Hussey v Eels, The Fanis. Accordingly, benefits flowing from a step taken in reasonable mitigation of loss are to be taken into account only if and to the extent that they are caused by the breach.
(7) Where, and to the extent that, the benefit arises from a transaction of a kind which the innocent party would have been able to undertake for his own account irrespective of the breach, that is suggestive that the breach is not sufficiently causative of the benefit: Lavarack v Woods, The Elena D’Amico.
(8) There is no requirement that the benefit must be of the same kind as the loss being claimed or mitigated: Bellingham v Dhillon, Nadreph v Willmett, Hussey v Eels, The Elbrus, cf The Yasin; but such a difference in kind may be indicative that the benefit is not legally caused by the breach: Palatine.
(9) Subject to these principles, whether a benefit is caused by a breach is a question of fact and degree which must be answered by considering all the relevant circumstances in order to form a commonsense overall judgment on the sufficiency of the causal nexus between breach and benefit: Hussey v Eels, Needler v Taber, The Fanis.
(10) Although causation between breach and benefit is generally a necessary requirement, it is not always sufficient. Considerations of justice, fairness and public policy have a role to play and may preclude a defendant from reducing his liability by reference to some types of benefits or in some circumstances even where the causation test is satisfied: Palatine, Parry v Cleaver.
(11) In particular, benefits do not fall to be taken into account, even where caused by the breach, where it would be contrary to fairness and justice for the defendant wrongdoer to be allowed to appropriate them for his benefit because they are the fruits of something the innocent party has done or acquired for his own benefit: Shearman v Folland, Parry v Cleaver and Smoker.’

Popplewell J
[2014] EWHC 1547 (Comm), [2014] 1 CLC 711, [2015] 1 All ER (Comm) 1205, [2014] 2 Lloyd’s Rep 230, 154 Con LR 183
Bailii
England and Wales
Citing:
CitedGolden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
CitedBradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
CitedBritish Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
CitedStaniforth v Lyall And Others 27-Nov-1830
Defendants chartered a ship to New Zealand, where they were to load her, or by an agent there to give Plaintiff, the owner, notice that they abandoned the adventure; in which case they were to pay him 5001. The ship went to New Zealand, but found . .
CitedWertheim v The Chicoutimi Pulp Company PC 18-Mar-1910
(Quebec) The buyer sought damages for late delivery of goods calculated on the difference between the market price at the place of delivery when the goods should have been delivered and the market price there when the goods were in fact delivered. . .
CitedThe Erie County Natural Gas and Fuel Company Limited and Others v Samuel S Carroll and Another PC 14-Dec-1910
(Ontario) The defendant was found to have breached its obligations to supply natural gas to the plaintiff. The plaintiff spent money on works to procure its own supply, and subsequently sold those works at a profit.
Held: Their Lordships . .
CitedJebsen v East and West India Dock Co CCP 25-Feb-1875
Delay caused by a charterer in discharging cargo caused the shipowner to lose passengers whom he had contracted to carry but he was able to take the same passengers in another of his vessels.
Held: The shipowners’ damages were not to be . .
CitedShearman v Folland CA 1950
The injured plaintiff had lived before the accident in hotels to which she paid seven guineas a week for board and lodging. After the accident she spent just over a year in nursing homes at a cost of twelve guineas a week exclusive of medical . .
CitedShearman v Folland CA 1950
The injured plaintiff had lived before the accident in hotels to which she paid seven guineas a week for board and lodging. After the accident she spent just over a year in nursing homes at a cost of twelve guineas a week exclusive of medical . .
CitedLavarack v Woods of Colchester Ltd CA 19-Jul-1966
The plaintiff had been wrongly dismissed. He came to be employed by Martindale at a lower salary, and bought shares in Martindale and Ventilation which increased in value.
Held: The new salary and the increase in the value of the Martindale . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
CitedBellingham v Dhillon QBD 1973
The plaintiff claimed damages for personal injuries, and in particular the loss of profits from his driving school business. He lost the opportunity to lease a driving simulator which would have enabled his company to earn a continuing profit. In . .
CitedNadreph Ltd v Willmett and Co 1978
The landlord of commercial premises brought a claim in negligence against its solicitors for a notice to terminate the tenancy, which caused the tenant (Citroen) to vacate the premises and become entitled to statutory compensation from the landlord. . .
CitedThe Yasin 1979
Receivers claimed against shipowners under a bill of lading for loss of a cargo. The shipowners argued on a preliminary issue that the insurance proceeds paid to receivers fell to be taken into account so as to wipe out the damages claimed. They . .
CitedGolden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
CitedChoil Trading Sa v Sahara Energy Resources Ltd ComC 26-Feb-2010
Losses incurred from hedging undertaken in mitigation of breach of a sale contract are recoverable . .

Cited by:
Appeal fromFulton Shipping Inc of Panama v Globalia Business Travel Sau CA 21-Dec-2015
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the . .
At first InstanceGlobalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama SC 28-Jun-2017
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price . .

Lists of cited by and citing cases may be incomplete.

Damages, Transport

Updated: 28 November 2021; Ref: scu.525784

Black and Others v The North British Railway Company: 1907

The widow and children of man who had been killed while travelling as a passenger on one of their trains claimed damages against the railway company. A court of seven judges was asked to lay down the principles on which on which damages should be assessed under the head of solatium. For the pursuers it was contended that they should be found entitled to enhanced damages if they were able to show that the accident was caused by gross negligence.
Held: The argument was rejected. There was no authority for any distinction between damages and exemplary damages in the law of Scotland

Lord President Dunedin
[1907] 15 SLT 840
Scotland
Cited by:
CitedD Watt (Shetland) Ltd v Reid EAT 25-Sep-2001
The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for . .
CitedWatkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .

Lists of cited by and citing cases may be incomplete.

Damages

Leading Case

Updated: 28 November 2021; Ref: scu.181344

British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs were bound to give credit against the claim for the cost of the Parsons machines for the savings due to their superior efficiency over what the defendants had contracted to supply.
Held: They did. Additional benefits obtained as a result of taking reasonable steps to mitigate loss were to be brought into account in the calculation of damages. It was necessary to balance loss against gain when the amount of the damages was being calculated. The House distinguished cases in which the plaintiff had received benefits which ‘did not arise out of the transactions the subject-matter of the contract.’ These were res inter alios acta. But where ‘the person whose contract was broken took a reasonable and prudent course quite naturally arising out of the circumstances in which he was placed by the breach’ it was necessary to look at any additional benefits which he thereby acquired and to ‘balance loss and gain.’
Viscount Haldane LC said: ‘i) The fundamental basis of damages is compensation for the pecuniary loss to a party naturally flowing from the breach.
ii) This principle is qualified by the duty of a plaintiff to take all reasonable steps to mitigate the loss consequent on the breach.
iii) Where in the course of business a party has taken action arising out of the transaction which has mitigated his loss, the effect in actual diminution of the loss he has suffered may be taken into account even if he had no duty to act.
iv) Where the subsequent arrangement was not between those parties, but between a claimant and a third party, the court should look at what actually happened and balance loss and gain.’
and ‘The quantum of damage is a question of fact, and the only guidance the law can give is to lay down general principles which afford at times but scanty assistance in dealing with particular cases . . Subject to these observations I think that there are certain broad principles which are quite well settled. The first is that, as far as possible, he who has proved a breach of a bargain to supply what he contracted to get is to be placed, as far as money can do it, in as good a situation as if the contract had been performed. The fundamental basis is thus compensation for pecuniary loss naturally flowing from the breach; but this first principle is qualified by a second, which imposes on a plaintiff the duty of taking all reasonable steps to mitigate the loss consequent on the breach . .’
Having referred to Staniforth v Lyall he continued: ‘I think that this decision illustrates a principle which has been recognized in other cases, that, provided the course taken to protect himself by the plaintiff in such an action was one which a reasonable and prudent person might in the ordinary conduct of business properly have taken, and in fact did take whether bound to or not, a jury or an arbitrator may properly look at the whole of the facts and ascertain the result in estimating the quantum of damage.
Recent illustrations of the way in which this principle has been applied, and the facts have been allowed to speak for themselves, are to be found in the decisions of the Judicial Committee of the Privy Council in Erie County Natural Gas and Fuel Co. v. Carroll [1911] AC 105 and Wertheim v. Chicoutimi Pulp Co. [1911] AC 301. The subsequent transaction, if to be taken into account, must be one arising out of the consequences of the breach and in the ordinary course of business. This distinguishes such cases from a quite different class illustrated by Bradburn v Great Western Ry. Co. (1874) LR 10 Ex 1, where it was held that, in an action for injuries caused by the defendants’ negligence, a sum received by the plaintiff on a policy for insurance against accident could not be taken into account in reduction of damages. The reason of the decision was that it was not the accident, but a contract wholly independent of the relation between the plaintiff and the defendant, which gave the plaintiff his advantage. Again, it has been held that, in an action for delay in discharging a ship of the plaintiffs’ whereby they lost their passengers whom they had contracted to carry, the damages ought not to be reduced by reason of the same persons taking passage on another vessel belonging to the plaintiffs: Jebsen v East and West India Dock Co. (1874) LR 10 CP 300, a case in which what was relied on as mitigation did not arise out of the transactions the subject-matter of the contract . . I think the principle which applies here is that which makes it right for the jury or arbitrator to look at what actually happened, and to balance loss and gain. The transaction was not res inter alios acta but one in which the person whose contract was broken took a reasonable and prudent course quite naturally arising out of the circumstances in which he was placed by the breach.’

Viscount Haldane LC, Lords Ashbourne, Macnaghten, and Atkinson
[1912] AC 673, [1911-13] All ER Rep 63, 81 LJKB 1132, [1912] UKHL 617
Bailii
England and Wales
Citing:
ApprovedBradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
CitedStaniforth v Lyall And Others 27-Nov-1830
Defendants chartered a ship to New Zealand, where they were to load her, or by an agent there to give Plaintiff, the owner, notice that they abandoned the adventure; in which case they were to pay him 5001. The ship went to New Zealand, but found . .
CitedWertheim v The Chicoutimi Pulp Company PC 18-Mar-1910
(Quebec) The buyer sought damages for late delivery of goods calculated on the difference between the market price at the place of delivery when the goods should have been delivered and the market price there when the goods were in fact delivered. . .
CitedThe Erie County Natural Gas and Fuel Company Limited and Others v Samuel S Carroll and Another PC 14-Dec-1910
(Ontario) The defendant was found to have breached its obligations to supply natural gas to the plaintiff. The plaintiff spent money on works to procure its own supply, and subsequently sold those works at a profit.
Held: Their Lordships . .
CitedJebsen v East and West India Dock Co CCP 25-Feb-1875
Delay caused by a charterer in discharging cargo caused the shipowner to lose passengers whom he had contracted to carry but he was able to take the same passengers in another of his vessels.
Held: The shipowners’ damages were not to be . .

Cited by:
CitedPrimavera v Allied Dunbar Assurance Plc CA 4-Oct-2002
The claimant purchased a pension plan relying upon advice from the defendant. Since discovering the error, the plan had in fact prospered. The respondent appealed the judges failure to allow fully for the improvement when assessing damages.
CitedLagden v O’Connor HL 4-Dec-2003
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . .
CitedDimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
CitedParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
CitedOmak Maritime Ltd v Mamola Challenger Shipping Co Ltd ComC 4-Aug-2010
Lost Expenses as Damages for Contract Breach
The court was asked as to the basis in law of the principle allowing a contracting party to claim, as damages for breach, expenditure which has been wasted as a result of a breach. The charterer had been in breach of the contract but the owner had . .
CitedSotiros Shipping Inc v Sameiet; The Solholt CA 1983
The seller had failed to deliver the vessel he had sold by the delivery date. The buyer cancelled and requested return of his deposit, also claiming damages because the vessel was worth $500,000 more on the delivery date than she had been when the . .
CitedBorealis Ab v Geogas Trading Sa ComC 9-Nov-2010
The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum.
Held: The . .
CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
CitedGardner v Marsh and Parsons (a Firm), Dyson CA 2-Dec-1996
Damages awarded against a surveyor for a negligent survey which had missed certain defects, were not to be reduced for repairs later carried out by the landlord at his own expense. The trial judge decided to award damages reflecting the difference . .
CitedBacciottini and Another v Gotelee and Goldsmith (A Firm) CA 18-Mar-2016
A property subject to a planning condition was purchased by the appellant under the advice of the respondent, who failed to notify him of the existence of a planning condition. The judge had awarded the claimant pounds 250 being the cost of the . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel Sau CA 21-Dec-2015
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the . .
CitedGlobalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama SC 28-Jun-2017
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price . .
CitedLowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .
CitedSS (Sri Lanka), Regina (on The Application of) v The Secretary of State for The Home Department CA 15-Jun-2018
The court was asked whether, in cases heard by the First-tier Tribunal (Immigration and Asylum Chamber) where the credibility of the appellant is in issue, there is a rule that a delay of more than three months between the hearing of oral evidence . .
CitedMorris-Garner and Another v One Step (Support) Ltd SC 18-Apr-2018
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .

Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 28 November 2021; Ref: scu.181348

Jebsen v East and West India Dock Co: CCP 25 Feb 1875

Delay caused by a charterer in discharging cargo caused the shipowner to lose passengers whom he had contracted to carry but he was able to take the same passengers in another of his vessels.
Held: The shipowners’ damages were not to be reduced on that account.
In an action for breach of a contract for the quick discharge of a ship made with several persons jointly, where some of the plaintiff’s had made profits by reason of such breach of contract which they would not otherwise have made, through another ship in which they were interested having been substituted for the purpose for which the former ship was required.
Held: that the amount of the joint damages could not be reduced by the profits so made by some of the plaintiff’s individually.

(1874) LR 10 CP 300, [1875] UKLawRpCP 20
Commonlii
England and Wales
Cited by:
CitedBritish Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .

Lists of cited by and citing cases may be incomplete.

Damages, Transport

Updated: 28 November 2021; Ref: scu.642150

Haggerty-Garton and Others v Imperial Chemical Industries Ltd: QBD 3 Nov 2021

This disease based personal injury claim is for damages arising from the death of the deceased due to his exposure to asbestos whilst at work for the Defendant between 1973/4 and 1978/9. Judgment has been entered for damages to be assessed.

Mr Justice Ritchie
[2021] EWHC 2924 (QB)
Bailii
England and Wales

Personal Injury, Damages

Updated: 27 November 2021; Ref: scu.669721

Charles B Lawrence and Associates v Inter-Commercial Bank Ltd: PC 22 Nov 2021

(Trinidad and Tobago) Case about the loss recoverable by a lender consequent on a valuer’s negligent valuation. The valuation was of land that the borrower’s guarantor was providing as security, by means of a mortgage over the land, for the loan.

Lord Briggs, Lady Arden,
Lord Kitchin
Lord Burron,
Lady Rose
[2021] UKPC 30
Bailii
England and Wales

Damages, Professional Negligence

Updated: 27 November 2021; Ref: scu.670115

James (T/A P and C James Properties) v Welsh Assembly Government: UTLC 5 Sep 2013

UTLC COMPENSATION – compulsory purchase – shop and premises – condition – cost of essential repairs to bring into safe and lettable condition – valuation methodology – comparables – disturbance – compensation determined at andpound;255,000

P R Francis FRICS
[2013] UKUT 422 (LC)
Bailii
England and Wales

Land, Damages

Updated: 25 November 2021; Ref: scu.517595

Hutchings and Another v Nuneaton and Bedworth Borough Council: UTLC 16 Oct 2013

UTLC COMPENSATION – compulsory purchase – house in state of disrepair – agreed value as refurbished – cost of refurbishment – comparison with other fire damaged or vandalised properties – compensation determined at andpound;30,500

P D McCrea FRICS
[2013] UKUT 506 (LC)
Bailii
England and Wales

Land, Damages

Updated: 25 November 2021; Ref: scu.517602

Buckstone Group Ltd and Others v Oldham Metropolitan Borough Council: UTLC 24 Apr 2013

UTLC COMPENSATION – compulsory purchase – blight notice – dispute over compensation, satellite litigation and costs – purported settlement – preliminary issues – whether settlement agreement binding – whether ‘pre-reference’ costs included – decision: binding settlement included all claims and costs

[2013] UKUT 265 (LC)
Bailii
England and Wales

Land, Damages

Updated: 25 November 2021; Ref: scu.517583

Hall Brothers Steamship Company Limited v Young: CA 1939

The shipowners appealed a decision that the underwriters were not liable under collision liability clause. Their ship had collided with another at Dunkirk when the steering gear failed. Under french law the pilot was not liable since he had not been grossly negligent.
Held: The appeal failed.
Sir Wilfred Greene MR said: ‘the clause does not extend to every pecuniary liability arising in respect of the collision but only to such liabilities as arise by way of damages. The word ‘damages’ is one which to an English lawyer conveys a sufficiently precise meaning. This document is an English contract which falls to be construed according to English law. That does not, of course, mean that in its application to liabilities arising under foreign law (an application which the parties, of course, clearly contemplated as possible) the operation of the clause is to be excluded merely because some liability arising under foreign law as a result of a collision does not precisely coincide with the liability which is recognised in the Courts of this country. Nevertheless it is necessary in my opinion, in construing a document of this kind, to give to the word ‘damages’ its ordinary meaning in English law. ‘Damages’ to an English lawyer imports this idea, that the sums payable by way of damages are sums which fall to be paid by reason of some breach of duty or obligation, whether that duty or obligation is imposed by contract, by the general law, or legislation.
Now, the measure of the duty, of course, will depend upon the particular law. A statute may impose an absolute obligation not to do certain things, and as the result of that the person injured by the doing of such a thing may have a right to damages. That is a question of the measure of the duty. An example which was referred to in the course of the discussion is to be found in the Air Navigation Act, 1920, s.9, sub-s I, under which damages are recoverable from the owner of aircraft who causes damage irrespective of negligence or intention: it is a standard of duty not to do certain things imposed by that statute. Looking at it from another point of view, there are certain classes of liability to make pecuniary payments which clearly fall outside the word ‘damages’. For instance, compensation paid under the Land Clauses Act or a matter of that kind is certainly not damages. Workmen’s compensation payments are certainly not damages in the ordinary sense of the word, and in spite of Mr McNair’s argument to the contrary I find it quite impossible to suppose that workmen’s compensation payments are included in the word ‘damages’ in this clause. The foundation of that class of liability is something entirely different from the foundation of the liability which gives rise to a claim for damages.’

Sir Wilfrid Greene MR
[1939] 1 KB 748
Citing:
Appeal fromHall Brothers Steamship Company Limited v Young 1938
The insured vessel, Trident, went to Dunkirk and engaged a French pilot whose pilot boat developed a fault in its steering gear which caused her to collide with Trident without Trident being in any way to blame. French law had a provision that . .

Cited by:
CitedYorkshire Water Services Ltd v Sun Alliance and London Insurance Plc and Others (1) CA 20-Aug-1996
The court was asked whether the costs of flood alleviation works were recoverable under public liability insurance policies.
Held: A claim for the costs of remedial action taken to mitigate future losses were not covered by the terms of the . .
CitedBedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
CitedBedfordshire Police Authority v Constable CA 12-Feb-2009
The police had responded to a riot at Yarlswood detention centre. They had insurance to cover their liability under the 1886 Act, but the re-insurers said that the insurance did not cover the event, saying that the liability was for statutory . .

Lists of cited by and citing cases may be incomplete.

Damages, Insurance

Updated: 23 November 2021; Ref: scu.270262

Peacock v Amusement Equipment Co Ltd: CA 1954

The deceased received fatal injuries riding a miniature railway. The plaintiff, her surving husband, sought damages under the Fatal Accidents Acts. Her estate included a grocery shop with a flat, in which she and the plaintiff resided. She left the property to a son and married daughter by a previous marriage, who after administration sold the business and voluntarily paid to the plaintiff a sum approximately one-third of the value of the estate.
Held: The generosity of the beneficiaries under the will to make a voluntary gift to the plaintiff was a ‘nova causa interveniens which makes the payment not in consequence or as a result of the death within the meaning of the statements which have been made with regard to this problem.’ The payment did not therefore fall to be deducted from the damages.

Somervell LJ
[1954] 3 WLR 288, [1954] 2 QB 347, [1954] 2 All ER 689
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237531

Shearman v Folland: CA 1950

The injured plaintiff had lived before the accident in hotels to which she paid seven guineas a week for board and lodging. After the accident she spent just over a year in nursing homes at a cost of twelve guineas a week exclusive of medical expenses. The judge, in awarding damages, deducted the smaller figure from the larger, treating the difference as her loss.
Held: The deduction was excessive, but the court accepted the principle that a deduction should be made for the cost of food and lodging which would have had to be incurred even if the plaintiff had not been injured. The court also considered the relevance of the plaintiff having insured himself against personal injury: ‘If the wrongdoer were entitled to set-off what the plaintiff was entitled to recoup or had recouped under his policy, he would, in effect, be depriving the plaintiff of all benefit from the premiums paid by the latter and appropriating that benefit to himself.’ The court gave as an example: ‘A millionaire, accustomed to live at a palatial hotel, where his weekly expenses far exceed the charges of the nursing-home to which, after being injured by the defendant’s negligence, he is transplanted, would recover nothing by way of special damage. Could it really lie in the mouth of the wrongdoer in such a case to say: ‘I am entitled to go scot-free; I have, by my negligent act, not merely inflicted no loss but conferred a net financial benefit on the plaintiff by saving him from the consequences of his habitual extravagance’?’

Asquith LJ
[1950] 2 KB 43, [1950] 1 All ER 976
England and Wales
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .
CitedGlobalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama SC 28-Jun-2017
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel Sau CA 21-Dec-2015
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 23 November 2021; Ref: scu.237532

Watson v Ramsay: 1960

(New South Wales) The right to have a pension or the chance of having a pension from his employer is part of what a servant earns by his labour. The distinction is not valid.

Brereton J
(1960) 78 WN (NSW) 64
Australia
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237533

Payne v Railway Executive: 2 Jan 1951

A Royal Navy sailor was disabled by a railway accident and was awarded a disability pension of pounds 2 16s. 3d. per week. At first instance J Sellers had held that Bradburn’s case applied so as to prevent deduction of the value of the pension. If it had been deductible that would have reduced the damages for loss of earnings from pounds 3,000 to pounds 750.
Held: The appeal failed. The accident was not the causa causans of the receipt of the pension. Singleton LJ: ‘If there were no pension rights it is reasonable to assume that the pay would be higher. Why, then, should the pension enure to the benefit of a wrongdoer?’ The Minister had power to withhold or reduce the pension.

Cohen LJ, Singleton LJ, Birkett LJ
[1951] 1 All ER 1034
England and Wales
Cited by:
Affirmed on AppealPayne v Railway Executive 1951
Disablement pensions, whether voluntary or not, are to be ignored in the assessment of damages. . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
AppliedJudd v Board of Governors, Hammersmith, West London and St. Mark’s Hospitals 1960
The plaintiff, a local government officer had made compulsory contributions to his superannuation scheme.
Held: A contributory pension received early on an injury was to be ignored until the normal retiring age, but deducted for the later . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237530

National Insurance Co of New Zealand Ltd The v Espagne: 6 Apr 1961

(High Court of Australia) The court considered the relevance of a pension awarded to an injured person.
Damages – Action for personal injuries caused by negligence – Matters to be considered in reduction of damages – Invalid pension – Awarded for permanent blindness occasioned by negligence – Pension to be disregarded in assessment of damages

Dixon C.J.(1), McTiernan(2), Fullagar(3), Menzies(4) and Windeyer(5) JJ
[1961] ALR 627, (1961) 105 CLR 569, 35 ALJR 4, [1961] HCA 15
Austlii
Australia
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237529

Hilti (Great Britain) Ltd v Windridge: EAT 1974

EAT The employer appealed against the tribunal’s decision to make an award to compensate the respondent for the loss of entitlement to an extended statutory notice period.
Held: The award was upheld. Lord Justice Griffiths said: ‘This is a very speculative matter and as we say it is a novel one. But it appears to us to be a principle permissible as a head of damage although we would not expect it to attract other than a very small award in the average case.’

Lord Justice Griffiths
[1974] ICR 352, [1974] IRLR 53
England and Wales
Citing:
CitedNorton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .

Cited by:
CitedLangley and Another v Burso EAT 3-Mar-2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice.
Held: ‘We are put in the invidious position of being bound by . .
CitedTradewinds Airways v Fletcher EAT 1981
The employee, an airline pilot, was entitled to three months contractual notice. The Tribunal had awarded compensation for the full three months even although he had earned a salary from other employment during part of that period.
Bristow J . .
CitedEverwear Candlewick Ltd v Isaac EAT 2-Jan-1974
Sir John Brightman referred to Norton Tool, Stepek and Hilti and then said: ‘The principle behind these three cases is clear. If an employee is unfairly dismissed without due notice and without pay in lieu of notice, he is prima facie entitled to . .
MentionedBurlo v Langley and Carter CA 21-Dec-2006
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The . .
AppliedDaley v AW Dorsett (Almar Dolls Ltd) EAT 1981
The loss of a right to an extended period of notice is a proper head of damages in an employment loss case: ‘It is a claim for compensation for the loss of an intangible benefit, namely that of being entitled in the course of one’s employment, to a . .
CitedSuperdrug Stores Plc v Corbett EAT 12-Sep-2006
EAT Unfair Dismissal – Exclusions including worker/jurisdiction.
The Tribunal had awarded an obviously excessive sum of andpound;1420 for loss of statutory rights, without explanation of their reasons for . .
CitedBurlo v Langley and Another CA 21-Dec-2006
Brief Order. . .
CitedWolff v Kingston Upon Hull City Council and Another EAT 7-Jun-2007
EAT Practice and Procedure: Costs
1. Employment Tribunal entitled to make award of costs where Claimant persisted unreasonably in pursuing his claim for re-engagement.
2. The conventional award for loss . .

Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 23 November 2021; Ref: scu.240324

Liffen v Watson: 1940

After being injured in an accident a domestic servant was unable to continue in her employment in which she received pounds 1 a week wages and board and lodging. After the accident she went to live with her father to whom she made no payment for board and lodging.
Held: She was entitled to receive damages, not only in respect of her loss of wages, but also in respect of the board and lodging. The father’s kindness in taking his daughter into his house was an extraneous and independent matter and too remote to affect the damages.

109 LJKB 367, [1940] 1 KB 556, [1940] 2 All ER 213
England and Wales
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237527

Eldridge v Videtta: 1964

The court declined to take into account to reduce the damages, benefits received under the national assistance scheme.

Veale J
(1964) 108 Sol Jo 137
England and Wales
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237524

Graham v Baker: 1961

The court considered whether a pension received by a plaintiff should affect the damages to be awarded.

(1961) 106 CLR 340
England and Wales
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237526

Admiralty Commissioners v Valeria (Owners): 1922

The court referred to the correct sum of damages as that pecuniary sum which will make good to the sufferer, so far as money can do, the loss which he has suffered as the natural result of the wrong done to him.

Lord Dunedin
[1922] All ER Rep 463, [1922] 2 AC 242
England and Wales
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237520

Baker v Dalgleish Steam Shipping Co Ltd: 1922

The court considered the deduction of a pension from an award of damages: ‘The fact that the continuance of the pensions is in the discretion of the Minister does not, in my opinion, exclude them from consideration. The reasonable expectation of their continuance must, I think, be taken into account.’

Bankes LJ
[1922] 1 KB 361
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237522

Metropolitan Police District Receiver v Croydon Corporation: 1957

Where an employer is under a statutory obligation to pay wages whether the employee is fit for duty or not, the law is that the employee has suffered no loss and can recover no damages, and where the plaintiff continues to be paid these sums, they fall to be deducted from damages for loss of earnings.

Lord Goddard CJ
[1957] 1 All ER 78, [1957] 2 QB 154, [1957] 2 WLR 33, 121 JP 63
England and Wales
Citing:
CitedBritish Transport Commission v Gourley HL 1955
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that . .

Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages, Employment

Updated: 23 November 2021; Ref: scu.237528

Smith v Canadian Pacific Railway Company: 1963

(Canada – Saskatchan) A police officer had retired through injury and sought damages. The defendant sought to deduct his pension.
Held: His police pension was to be apportioned so that the portion attributable to his own contributions were to be ignored entirely, whereas the portion attributable to his employers’ contributions was to be taken into account.

(1963) 41 DLR (2d) 249
Canada
Cited by:
CitedParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237515

Carroll v Hooper: 1964

The defendant asked the court to deduct from the plaintiff’s damages the service pension he received.
Held: It should be disregarded as discretionary.

Veale J
[1964] 1 WLR 345, [1964] 1 All ER 845
England and Wales
Cited by:
ApprovedElstob v Robinson 1964
The defendant sought to have taken into account when calculating the plaintiff’s damages a service pension he received. . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237523

Admiralty Commissioners v Chekiang (Owner), The Chekiang: HL 1926

There had been a collision at sea in which the defendant’s vessel caused damage to HMS Cairo. The House was asked to assess damages after damage to the plaintiff’s vessel, and whether in the case of a warship the registrar had been entitled to award by way of general damages interest on the capital value of the vessel.
Held: He had been so entitled, but it was not a universal rule. It was not good enough to hide behind the fact that the assessment of general damages is a matter of fact for the jury. Damages must be assessed in accordance with a proper direction from the judge as to what the law requires and that involves the application of principle.
Lord Sumner said: ‘The measure of damages ought never to be governed by mere rules of practice, nor can such rules override the principles of the law on this subject’.’
There is no absolute rule requiring general damages to be calculated by reference to interest on capital.

Lord Sumner, Viscount Dunedin
[1926] AC 637, [1926] All ER Rep 114
England and Wales
Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
CitedWest Midlands Travel Ltd v Aviva Insurance UK Ltd CA 18-Jul-2013
The claimant bus operator sought damages after one of its buses was off the road for several weeks. It made a claim for general damages for loss of use, using for that purpose a formula produced by the Confederation of Passenger Transport UK, which, . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237518

Elstob v Robinson: 1964

The defendant sought to have taken into account when calculating the plaintiff’s damages a service pension he received.

Elwes J
[1964] 1 WLR 726, [1964] 1 All ER 848
England and Wales
Citing:
ApprovedCarroll v Hooper 1964
The defendant asked the court to deduct from the plaintiff’s damages the service pension he received.
Held: It should be disregarded as discretionary. . .

Cited by:
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237525

Foxley v Olton: 1964

Unemployment benefits received by a plaintiff must be set off against a claim for damages.

[1964] 3 All ER 248, [1965] 2 QB 306, [1964] 3 WLR 1155
England and Wales
Cited by:
CitedParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237509

Judd v Board of Governors, Hammersmith, West London and St. Mark’s Hospitals: 1960

The plaintiff, a local government officer had made compulsory contributions to his superannuation scheme.
Held: A contributory pension received early on an injury was to be ignored until the normal retiring age, but deducted for the later period.

Finnemore J
[1960] 1 WLR 32, [1960] 1 All ER 607
Citing:
AppliedPayne v Railway Executive 2-Jan-1951
A Royal Navy sailor was disabled by a railway accident and was awarded a disability pension of pounds 2 16s. 3d. per week. At first instance J Sellers had held that Bradburn’s case applied so as to prevent deduction of the value of the pension. If . .

Cited by:
CitedParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237512

Jones v Gleeson: 1965

(Australia) When a policeman who had retired retired through injury sought damages for that injury, the pension he received as a result of his retirement was to be ignored entirely: ‘In recent years, however, the relevance or otherwise to the issue of damages of the fact that an injured person is entitled to a pension has been considered by this Court on several occasions (see Paff v. Speed; The National Insurance Co. of New Zealand, Ltd. v. Espagne, and Graham v. Baker n) and a very different view has been taken from that which is expressed in the majority judgments in Browning’s case.’

(1965) 39 ALJR 258, [1966] ALR 235
Citing:
CitedPaff v Speed 6-Apr-1961
(High Court of Australia) ‘The first consideration is what is the nature of the loss or damage which the plaintiff says he has suffered.’
Damages – Personal injuries – Matters to be considered in reduction of damages – Plaintiff policeman at . .

Cited by:
CitedParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Commonwealth, Damages, Personal Injury

Updated: 23 November 2021; Ref: scu.237511

Monmouthshire County Council v Smith: 1956

The court considered whether a police pension which became payable on early retirement through injury was deductible from damages awarded for the injury.
Held: Yes.

Lynskey J
[1956] 2 All ER 800, [1956] 1 WLR 1132
England and Wales
Cited by:
AffirmedMonmouthshire County Council v Smith CA 1957
Whether a pension is to be deducted from damages awarded for personal injury. . .
CitedParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 November 2021; Ref: scu.237513

Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck): CA 1990

When a contract is to be construed purposively, the court must look to the purposes of both parties, not just one of them. No apportionment was to be applied under the 1945 Act: ‘Similarly, we think that the facts and circumstances of the present case are such that it can and should be easily distinguished from those in [the Tennant case]. We merely add respectfully our view that the scope and extent of this last mentioned case would have to be a matter of substantial argument if the principle there applied were to arise for consideration in another case.’

May, Ralph Gibson and Bingham LJJ
[1990] 1 QB 818
Law Reform (Contributory Negligence) Act 1945
England and Wales
Citing:
DoubtedTennant Radiant Heat Ltd v Warrington Development Corporation 1988
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that . .

Cited by:
CitedSpring House (Freehold) Ltd v Mount Cook Land Ltd CA 12-Dec-2001
A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there.
Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor . .
Appeal fromBank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck) HL 1992
The effect of breach of an insurance warranty is automatic, rather than dependant on any acceptance or election.
Lord Goff of Chieveley said: ‘So it is laid down in section 33(3) that, subject to any express provision in the policy, the insurer . .

Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 23 November 2021; Ref: scu.184139

Osei-Adjei v RM Education Ltd: EAT 24 Sep 2013

EAT DISABILITY DISCRIMINATION – Compensation
The Claimant suffered an act of disability discrimination by reason of the Respondent’s failure to make a reasonable adjustment. He was for a time unfit to work but at the time of the termination of his Employment he was fit to return to work, his job was open to him and all reasonable adjustments had been or would be made. He resigned and asserted that there had been a constructive unfair dismissal. The Employment Tribunal held that he had not been dismissed and that the resignation broke the chain of causation so far as any future loss of earnings was concerned. The Claimant sought to argue on the authority of Prison Service v Beart no 2 [2005] ICR 1206 that the termination of his employment could not amount to a novus actus interveniens that broke the chain of causation. The Employment Appeal Tribunal held that Beart was authority for the proposition that an employer who had unfairly dismissed a claimant could not rely upon its wrongful act to minimise the claimant’s compensation. That principle did not apply in cases where the termination of the employment was brought about by the voluntary act of the claimant; Ahsan v Labour Party (2011) UKEAT/0211/10 applied.
Where a claimant suffered psychological or other injury as a result partly of the wrongful act of his employer and partly for reasons that were not the fault of the employer the compensation stood to be assessed by reference to the relative contribution of the employer’s wrongful act to the injury in question and discounting from the award the effect of other contributing causes. On the facts of this case the Claimant’s award stood to be reduced.

Serota QC
[2013] UKEAT 0461 – 12 – 2409
Bailii
England and Wales
Citing:
CitedBeart v HM Prison Service CA 26-Apr-2005
The claimant had been dismissed by reason of disability and so was entitled to compensation for the associated psychological injury. She was then dismissed unfairly, and the employer sought to argue that the dismissal constituted a novus actus and . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Damages

Updated: 21 November 2021; Ref: scu.516002